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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Inspirational Family Radio, Inc. ) File No. EB-FIELDWR-12-00003866
Licensee of Station KBXL )
)
Facility ID # 35628 )
) NOV No. V201232920013
Caldwell, 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 Inspirational Family Radio, Inc.
(Inspirational Family Radio), licensee of radio station KBXL in
Caldwell, 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(s) noted herein.
2. On August 16, 2012, an agent of the Enforcement Bureau's Portland
Office inspected radio station KBXL located at 1440 Weideman Avenue,
Boise, Idaho, and observed the following violations:
a. 47 C.F.R. S: 11.61(b): " Entries shall be made in EAS Participant
records, as specified in S:11.35(a) and 11.54(a)(3)." KBXL did not
have any records for receiving tests formatted with the Common
Alerting Protocol in the EAS logs from July 2 through August 16,
2012.
b. 47 C.F.R. S: 73.1870(b)(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, KBXL did not have the chief
operator designation in writing.
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. In addition, the designation of
the chief operator must be in writing with a copy posted with the
station license.
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, Inspirational Family Radio, 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
Inspirational Family Radio to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Inspirational Family Radio with
personal knowledge of the representations provided in Inspirational
Family Radio'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 Inspirational Family Radio, Inc. 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