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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-FIELDSCR-12-00005157
Steckline Communications, Inc. )
NOV No.: V201332560004
Licensee of Radio Station KGSO )
Facility ID No.: 53150
Wichita, Kansas )
)
)
NOTICE OF VIOLATION
Released: November 8, 2012
By the District Director, Kansas City 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 Steckline Communications, Inc.,
licensee of Station KGSO in Wichita, Kansas. 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 October 22, 2012, an agent of the Commission's Kansas City Office
inspected Station KGSO located at 1632 S. Maize Rd, Wichita, Kansas,
and observed the following violation(s):
47 C.F.R.S:73.1560(a): "AM stations...(1)... the antenna input
power of an AM station ... must be maintained as near as is
practicable to the authorized antenna input power and my not be
less than 90% nor more than 105% of the authorized power. (2)
Whenever the transmitter of an AM station cannot be placed into
the specified operating mode at the time required, transmissions
of the station must be immediately terminated." In response to a
a. complaint that the station was not reducing power at night, an
agent from the Kansas City Office monitored the station and
observed that the station did not reduce power at sunset on
October 21, 2012 as required. At the time of inspection, the
station was operating with 141% of authorized daytime power. It
was later determined that the station had been operating with
141% of authorized daytime power since after sunset the day
before.
47 C.F.R.S:73.1350(e): "If a broadcast station is operating in a
manner that poses a threat to life or property or that is likely
to significantly disrupt the operation of other stations,
immediate corrective action is required. In such cases, operation
must be terminated within three minutes unless antenna input
power is reduced sufficiently to eliminate any excess radiation.
b. Examples of conditions that require immediate corrective actions
include... any mode of operation not specified by the station
license for the pertinent time of day, or operation substantially
at variance from the authorized radiation pattern." The station
did not have monitoring procedures established to determine that
the station was operating in the proper mode for the time of day
and did not terminate operation or lower power as required.
47 C.F.R.S:73.61(a): "Each AM station using a directional antenna
must make field strength measurements at the monitoring point
locations specified in the instrument of authorization, as often
as necessary to ensure that the field at those points does not
exceed the values specified in the station authorization... The
results of the measurements are to be entered into the station
log." Prior to the inspection, the last monitoring point
readings were taken in March 2012 by a consulting group. Those
readings were not entered into station logs. The measurements
c. taken by that consulting group found two of the three readings in
excess of the authorized limits. There was no indication that the
station took subsequent readings to ensure their operation was
within the limits specified in the station authorization. At the
time of inspection, the station's antenna monitor was not working
properly and according to station ownership, the last time that
monitor was known to be working properly was in May 2012. Despite
the known condition of that monitor, the station made no efforts
to take readings at each of the monitoring points to ensure the
station was within authorized limits.
47 C.F.R.S:73.69(b): "In the event that the antenna monitor
sampling system is temporarily out of service for repair or
replacement, the station may be operated, pending completion of
repairs or replacement, for a period not exceeding 120 days
d. without further authority from the FCC if all other operating
parameters, and the field monitoring point values are within the
limits specified on the station authorization." At the time of
inspection, the antenna monitor was not working properly and
according to station ownership the monitor had not been working
since May 2012, which was in excess of 120 days.
47 C.F.R.S:73.1820(a): "Entries must be made in the station log
either manually by a person designated by the licensee who is in
actual charge of the transmitting apparatus, or by automatic
devices... Indications of operating parameters that are required
to be logged must be logged prior to any adjustment of the
equipment. Where adjustments are made to restore parameters to
their proper operating values, the corrected indications must be
logged and accompanied, if any parameter deviation was beyond a
prescribed tolerance, by a notation describing the nation of the
corrective action. Indications of all parameters whose values are
e. affected by the modulation of the carrier must be read without
modulation. The actual time of observation must be included in
each log entry." At the time of inspection, the licensee was not
maintaining station logs for anything other than Emergency Alert
System equipment. According to the station ownership, the antenna
monitor had been out of service since May 2012 and the station
was operating with 141% of authorized power, none of which was
noted in any logs. In addition, the last monitoring point
readings taken in March 2012 were not available at the time of
inspection and those readings, when they were submitted later,
indicated out of tolerance conditions with no logs documenting
corrective actions.
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
f. 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 station's issues-programs list consisted of a
list of issues only. The station did not maintain a list of
programs aired to address those issues.
47 C.F.R.S: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
g. 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 eastern-most tower for the station
had a wooden fence with a broken plank at the bottom resulting in
a large hole that would allow access to the antenna base.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, Steckline Communications,
Inc., must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response must (i)
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 Rules, we direct Steckline
Communications, Inc. to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Steckline Communications, Inc. with personal
knowledge of the representations provided in Steckline Communications,
Inc.'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.
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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086-4711
5. This Notice shall be sent to Steckline Communications, Inc. at its
address of record.
6. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
District Director
Kansas City 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 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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission