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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Snyder Broadcasting Company ) File No. EB-FIELDSCR-12-00003813
Licensee of Station KSNY-FM ) NOV No. V20133250001
) Facility ID: 60711
Snyder, Texas )
)
)
)
)
NOTICE OF VIOLATION
Released: November 2, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Snyder Broadcasting Company,
licensee of Station KSNY-FM in Snyder, Texas. Pursuant to Section
1.89(a) of the 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 1, 2012, an agent of the Enforcement Bureau's Dallas Office
inspected Station KSNY-FM located in Snyder, Texas, and observed the
following violation(s):
a. 47 C.F.R. S: 11.52(d): "[Emergency Alert System] EAS Participants
must monitor two EAS sources. The monitoring assignments of each
broadcast station, cable system and wireless cable system are
specified in the State EAS Plan and FCC Mapbook. They are developed
in accordance with FCC monitoring priorities." At the time of the
inspection, Station KSNY-FM was not monitoring the assigned LP2
Station, Channel 14 KERA-TV.
b. 47 C.F.R. S: 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, Station KSNY-FM was authorized to operate
at the coordinates 32DEG53'6.00" North Latitude, 101DEG04'35.00" West
Longitude in Snyder, Texas. However, the agent found the station
operating at the coordinates 32DEG43'8.30" North Latitude,
100DEG55'2.80" West Longitude in Snyder, Texas. Also, Station KSNY-FM
is authorized to operate a Studio Transmitter Link (STL) on the
frequencies 947.625 MHz and 947.375 MHz, but the agent found the STL
operating on the frequencies 948.00 MHz and 950.00 MHz.
c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least
once each week to determine if required entries are being made
correctly.... [U]pon completion of the review, the chief operator or
his designee must date and sign the log...." At the time of
inspection, there was no indication that the logs were being reviewed
by the chief operator.
d. 47 C.F.R. S: 73.3526(e)(4): " Contour maps - A copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, together with any other information in the application
showing service contours and/or main studio and transmitter location
(State, county, city, street address, or other identifying
information). These documents shall be retained for as long as they
reflect current, accurate information regarding the station." At the
time of the inspection, Station KSNY-FM did not have the contour map
in its public inspection file.
e. 47 C.F.R. S: 74.1265(a): "The station license and any other
instrument of authorization or individual order concerning the
construction of the station or the manner of operation shall be kept
in the station record file maintained by the licensee so as to be
available for inspection upon request to any authorized
representative of the Commission." At the time of the inspection, no
station license renewal authorization was found at the station
studio.
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 licensees.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Snyder Broadcasting Company 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 Rules, we direct Snyder
Broadcasting Company to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Snyder Broadcasting Company with personal
knowledge of the representations provided in Snyder Broadcasting
Company 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243
7. This Notice shall be sent to Snyder Broadcasting Company 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
James D. Wells
District Director
Dallas District Office
South Central 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