Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Southwest Colorado TV Translator Association. ) File No.
   EB-FIELDWR-12-00003890

   Licensee of Station K04NK-D )

   Facility ID # 61438 )

   Dolores, Colorado ) NOV No. V201232800058

   )

                              NOTICE OF VIOLATION

   Released: September 12, 2012

   By the District Director, Denver 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 Southwest Colorado TV Translator
       Association (SCTTA), licensee of television translator station K04NK-D
       in Dolores, Colorado.  Pursuant to Section 1.89(a) of the Commission's
       Rules, issuance of this NOV does not preclude the Enforcement Bureau
       from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation noted herein.

    2. On August 23, 2012, an agent of the Enforcement Bureau's Denver Office
       inspected K04NK-D located at Dolores, Colorado, and observed the
       following violation:

     a. 47 C.F.R. S: Section 74.765(b): "The call sign of the station,
        together with the name, address, and telephone number of the licensee
        or local representative of the licensee, if the licensee does not
        reside in the community served by the station, and the name and
        address of a person and place where the station records are
        maintained, shall be displayed at the transmitter site on the
        structure supporting the transmitting antenna, so as to be visible to
        a person standing on the ground. The display shall be maintained in
        legible condition by the licensee." At the time of the inspection, no
        signage with the required information was posted at the transmitter
        site.[Author ID1: at Fri May 4 11:06:00 2012 ]

    3. Pursuant to Section  308(b) 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 taken.  Therefore, SCTTA 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
       SCTTA to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of SCTTA  with personal knowledge of the
       representations provided in SCTTA's 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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Southwest Colorado TV Translator
       Association  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

   Nikki P. Shears

   District Director

   Denver 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: 308(b).

   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

   3

                       Federal Communications Commission