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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Four Corners Broadcasting, LLC ) File No. EB-FIELDWR-12-00004020
Licensee of Station KIQX )
Facility ID # 22174 )
Durango, Colorado )
) NOV No. V201332800010
)
)
NOTICE OF VIOLATION
Released: November 8, 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 Four Corners Broadcasting, LLC
(Four Corners), licensee of radio station KIQX in Durango, 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 24, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected radio station KIQX located at Durango,
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, KIQX's station
logs failed to indicate why the May 2012 Required Monthly Test was
not received or transmitted. Also, for the period May 6, 2012 -
August 18, 2012, KIQX failed to show why numerous receive tests were
missing from EAS source KGJT/NWS.
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, KIQX was monitoring incorrect EAS sources for its LP-1
and LP-2. KIQX was monitoring KRMJ, Grand Junction, CO and
KGJT/NWS, Grand Junction, CO. KIQX should be monitoring the LP-1 and
LP-2 assignment for their Local Area 9, Mesa Verde, 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.
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, Four Corners 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
Four Corners to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Four Corners with personal knowledge of the
representations provided in Four Corner'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 Four Corners Broadcasting, 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
3
Federal Communications Commission