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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Free Palmer, Inc. ) File No. EB-FIELDWR-12-00002167
Licensee of Station KVRF )
Facility ID #177165 )
Palmer, Alaska ) NOV No. V201232780007
)
NOTICE OF VIOLATION
Released: July 2, 2012
By the Resident Agent, Anchorage Resident Agent Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules, to Radio Free Palmer, Inc. (RFP), licensee
of non-commercial educational FM radio station KVRF in Palmer, Alaska.
This Notice may be combined with a further action, if further action
is warranted.
2. On March 28, 2012, agents of the Enforcement Bureau's Anchorage
Resident Agent Office inspected Station KVRF's main studio located at
550 South Alaska Street, Suite 201, Palmer, Alaska and observed the
following violations:
a. 47 C.F.R. S: Section 11.15: "The EAS Operating Handbook states in
summary form the actions to be taken by personnel at EAS Participant
facilities upon receipt of an EAN, an EAT, tests, or State and Local
Area alerts. It is issued by the FCC and contains instructions for
the above situations. A copy of the Handbook must be located at
normal duty positions or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." At
the time of the inspection, the EAS Operating Handbook was not
available.
b. 47 C.F.R. S: Section 11.52(d): "EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan and FCC Mapbook. They are developed in accordance with FCC
monitoring priorities." At the time of the inspection, only one
source, Station KNBA, was being monitored.
c. 47 C.F.R. S: Section 73.1226(a): "Station records and logs shall be
made available for inspection or duplication at the request of the
FCC or its representative." At the time of the inspection, the
station's logs were not made available to the agents.
d. 47 C.F.R. S: 73.1870(b)(3): "Chief operators shall be employed or
serve on the following basis: (3) The designation of the chief
operator must be in writing with a copy of the designation posted
with the station license. Agreements with chief operators serving on
a contract basis must be in writing with a copy kept in the station
files." At the time of the inspection, no written designation of the
chief operator was made available to the agents.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, Radio Free Palmer, Inc., must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain each violation,
including all relevant surrounding facts and circumstances, (ii) must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and (iii) must include a time line
for completion of any pending corrective action(s). The response must
be complete in itself and must not be abbreviated by reference to
other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Radio Free Palmer, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Radio Free Palmer, Inc. with personal
knowledge of the representations provided in Radio Free Palmer, Inc.
response, verifying the truth and accuracy of the information therein,
and confirming that all of the information requested by this Notice
which is in the licensee's possession, custody, control, or knowledge
has been produced. To knowingly and willfully make any false statement
or conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Anchorage Resident Agent Office
P.O. Box 231949
Anchorage, Alaska
6. This Notice shall be sent to Radio Free Palmer, Inc. at its address of
record.
7. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission