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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Calvary Chapel of Carson Valley ) File No. EB-FIELDWR-12-00004007
Licensee of KYHW-LP )
Facility ID No. 126654 ) NOV No. V201232960035
Gardnerville, NV )
)
NOTICE OF VIOLATION
Released: September 20, 2012
By the District Director, San Francisco 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 Calvary Chapel of Carson Valley,
licensee of radio station KYHW-LP in Gardnerville, Nevada. 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 violations noted herein.
2. On August 13, 2012, an agent of the Enforcement Bureau's San Francisco
Office inspected KYHW-LP located at Gardnerville, Nevada, and
observed the following violations:
a. 47 C.F.R. S: 73.877: "The licensee of each LPFM station must
maintain a station log. Each log entry must include the time and date
of observation and the name of the person making the entry." At the
time of inspection, there were no logs available for inspection.
b. 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. . . . 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 . . . ." At the time of the
inspection, there was no EAS Handbook at the duty station.
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, Calvary Chapel of Carson Valley 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
Calvary Chapel of Carson Valley to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Calvary Chapel of Carson Valley with
personal knowledge of the representations provided in Calvary Chapel
of Carson Valley'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
San Francisco District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588-8543
7. This Notice shall be sent to Calvary Chapel of Carson Valley 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
David K. Hartshorn
District Director
San Francisco District 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
2
Federal Communications Commission