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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Winton Road Broadcasting Co., LLC ) File No. EB-FIELDWR-12-00003907
Licensee of Station KVFC )
Facility ID # 16434 )
Cortez, Colorado ) NOV No. V201232800072
)
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 Winton Road Broadcasting Co., LLC
(Winton Road), licensee of radio station KVFC in Cortez, 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 violations noted herein.
2. On August 23 and 24, 2012, an agent of the Enforcement Bureau's Denver
Office inspected Station KVFC located at Cortez, Colorado, and
observed the following violations:
a. 47 C.F.R. S: Section: 73.1350(a): "Each licensee is responsible for
maintaining and operating its broadcast station in a manner which
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization." At
the time of the inspection, the agent found that the KVFC transmitter
coordinates were over 0.5 mile east from the actual center of its
two-tower AM directional array which utilizes Antenna Structure
Registration #'s 1053153 and 1053154. The licensed NAD27 coordinates
for KVFC are N37-o 20' 58" W108-o 32' 29".
b. 47 C.F.R. S: Section: 73.49: "Antenna towers having radio frequency
potential at the base (series fed, folded unipole, and insulated base
antennas) must be enclosed within effective locked fences or other
enclosures. Ready access must be provided to each antenna tower base
for meter reading and maintenance purposes at all times. However,
individual tower fences need not be installed if the towers are
contained within a protective property fence." At the time of
inspection the base fence for Antenna Structure 1053154 was missing
boards on the east and north sides, and the south side was leaning
into the tower space allowing easy access to the tower base.
[Author ID1: at Fri May 4 11:07:00 2012 ][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, Winton Road 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
Winton Road to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Winton Road with personal knowledge of the
representations provided in Winton Road'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 Winton Road Broadcasting Co., 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
2
Federal Communications Commission