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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