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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
FM Idaho Co., LLC ) File No. EB-FIELDWR-12-00003951
Licensee of Station KPDA-FM )
)
Facility ID # 28218 )
) NOV No. V201232920006
Gooding, Idaho )
NOTICE OF VIOLATION
Released: September 13, 2012
By the Resident Agent, Portland 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 FM Idaho Co., LLC (FM Idaho), licensee
of radio station KPDA-FM in Gooding, Idaho. 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 16, 2012, an agent of the Enforcement Bureau's Portland
Office inspected radio station KPDA-FM located at 5660 East Franklin
Road, Nampa, Idaho, and observed the following violation:
a. 47 C.F.R. S: 11.15: "[The Emergency Alert System (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, KPDA-FM did not have the EAS
Operating Handbook at the normal duty positions or EAS equipment
locations.
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.
4. 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, FM Idaho, 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.
5. In accordance with Section 1.16 of the Commission's Rules, we direct
FM Idaho to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of FM Idaho with personal knowledge of the
representations provided in FM Idaho'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.
6. 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
7. This Notice shall be sent to FM Idaho Co., LLC at its address of
record.
8. 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
Binh Nguyen
Resident Agent
Portland 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: 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
Federal Communications Commission