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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Western Slope Communications, LLC ) File No. EB-FIELDWR-12-00003820
Licensee of Station KRVG )
Facility ID # 88077 )
Glenwood Springs, Colorado )
) NOV No. V201332800007 )
)
NOTICE OF VIOLATION
Released: November 1, 2012
By the District Director, Denver District Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Western Slope Communications,
LLC (Western Slope), licensee of radio station KRVG in Glenwood
Springs, Colorado. Pursuant to Section 1.89(a) of the Rules, issuance
of this Notice 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 21, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected radio station KRVG located at Rifle,
Colorado, and observed the following violations:
a. 47 C.F.R. S: 11.35(a): "...EAS Participants must determine the cause
of any failure to receive the required tests or activations specified
in S: 11.61(a)(1) and (2). Appropriate entries indicating reasons why
any tests were not received must be made in the broadcast station log
as specified in S:S: 73.1820 and 73.1840 of this chapter for all
broadcast streams... " At the time of the inspection, KRVG's
station's logs failed to indicate why numerous received and transmit
Required Monthly Tests and Required Weekly Tests were missing for the
period December 1, 2011 - August 21, 2012.
b. 47 C.F.R. S: 11.52(d)(1): "With respect to monitoring for EAS
messages that are formatted in accordance with the EAS protocol, EAS
participants must monitor two EAS sources. The monitoring assignments
of each broadcast station and 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
inspection, KRVG was monitoring incorrect EAS sources for its LP-1
and LP-2. KRVG was monitoring KNFO, Basalt, CO, frequency 106.1 MHz
and KSPN, Aspen, CO, frequency 97.7 MHz, which are both located in an
adjacent EAS operational area, Local Area 12, High Country. KRVG
should be monitoring the LP-1 and LP-2 assignment for their Local
Area 11, Plateau, as required in the State of Colorado's State EAS
Plan.
c. 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." At the time of inspection, there was no current
written designation posted with the station license designating the
chief operator.
d. 47 C.F.R. S: 73.3526(e)(1): "A copy of the current FCC authorization
to construct or operate the station, as well as any other documents
necessary to reflect any modifications thereto or any conditions that
the FCC has placed on the authorization..." At the time of
inspection, there was no renewal card or a copy of the license in the
public inspection file
e. 47 C.F.R. S: 73.3526(e)(5): "A copy of the most recent, complete
ownership report filed with the FCC for the station, together with
any statements filed with the FCC certifying that the current report
is accurate, and together with all related material. These materials
shall be retained until a new, complete ownership report is filed
with the FCC, at which time a copy of the new report and any related
materials shall be placed in the file..." At the time of inspection,
there was no ownership report in the public inspection file.
f. 47 C.F.R. S: 73.3526(e)(7): "Such information as is required by S:
73.2080 to be kept in the public inspection file. These materials
shall be retained until final action has been taken on the station's
next license renewal application." At the time of inspection there
were no EEO records in the public inspection file.
g. 47 C.F.R. S: 73.3526(e)(12): For commercial AM and FM broadcast
stations, every three months a list of programs that have provided
the station's most significant treatment of community issues during
the preceding three month period. The list for each calendar quarter
is to be filed by the tenth day of the succeeding calendar quarter
(e.g. January 10 for the quarter October-December, April 10 for the
quarter January-March, etc.). The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." At the time of inspection, the
file was missing and/or had twenty-seven (27) incomplete Quarters of
Issues and Programs lists since the last renewal granted on December
21, 2005.
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. We also must investigate
violations of other rules that apply to broadcast licensees.
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, Western Slope 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
Western Slope to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Western Slope with personal knowledge of the
representations provided in Western Slope'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
regulatee'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
Denver District Office
215 S. Wadsworth Blvd., Suite 303
Lakewood, CO 80226
7. This Notice shall be sent to Western Slope Communications, LLC, 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
Nikki P. Shears
District Director
Denver 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
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Federal Communications Commission