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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Four Corners Broadcasting LLC ) File No. EB-FIELDWR-12-00004043
Licensee of WHB352 )
)
Durango, Colorado ) NOV No. V201232800069
)
NOTICE OF VIOLATION
Released: September 27, 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 Four Corners Broadcasting, LLC (FCB),
licensee of aural Studio Transmitter Link (STL) station WHB352,
operating on the frequency 948.5 MHz, in Durango, 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(s) noted herein.
2. On August 23, 24, and 25, 2012, an agent of the Enforcement Bureau's
Denver Office monitored and inspected WHB352, located in Durango,
Colorado, and observed the following violations:
a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission..." The license for station
WHB352 specifies the transmitter coordinates as 37DEG 14' 52.0"
north latitude and 107-o 52' 34.2" west longitude, with a street
address of 185 Suttle Drive, in Durango, Colorado. At the time of the
monitoring and the station inspection, the agent observed that FCB
was operating station WHB352 at the coordinates of 37DEG 14' 19"
north latitude 107DEG 52' 33" west longitude, with a street address
of 190 Turner Drive, Suite G, in Durango, Colorado. The STL radio
station was not operating from the street address or the coordinates
listed on the WHB352 license.
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, FCB 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
FCB to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of FCB with personal knowledge of the
representations provided in FCB'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 Four Corners Broadcasting, LLC, 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