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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File No.: EB-FIELDSCR-12-00005158
Steckline Communications, Inc. )
NOV No.: V201332560005
Licensee of Radio Station KQAM )
Facility ID No.: 61362
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 KQAM 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 KQAM 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)
a. 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." At the time of
inspection, the nighttime power was set for 5.8amps common point
current, which is 156% of authorized nighttime power.
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
b. readings were taken on September 26, 2012 by a consulting group.
Those readings were not entered into the station logs. The
measurements taken by that consulting group found one reading in
excess of the authorized limits and no efforts were made to
correct this out of tolerance condition until after the
inspection. At the time of inspection, several directional
parameters were out of tolerance and no efforts were being made
to check the monitoring points to ensure the station was within
authorized limits
47 C.F.R.S:73.62(a): "Each AM station operating a directional
antenna must maintain the indicated relative amplitudes of the
antenna monitor currents within 5% of the values specified
therein. Directional antenna relative phase currents must be
c. maintained to within 3 deg. of the values specified on the
instrument of authorization." At the time of inspection, the
current ratio for tower number 4 during daytime operation was
10.6% higher than that authorized. For nighttime operation, the
current ratio for tower numbers 1, 4, and 5 were 22.1%, 23.2% and
24.7%, respectively, in deviation from that authorized.
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
d. 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. The directional parameters for both daytime and
nighttime operation were out of tolerance and there were no logs
documenting when this began. In addition, the last monitoring
point readings taken in September 2012 by a consulting firm had
not been entered into the station logs, they were not available
at the time of inspection and those readings, when they were
submitted later, indicated out of tolerance conditions.
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
e. 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 stations issues-programs list consisted of a list
of issues only. The station did not maintain a list of programs
aired to address those issues.
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
3
Federal Communications Commission