Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Flinn Broadcasting Corporation ) File No. EB-FIELDWR-12-00004998
Licensee of Station KLSK )
Facility ID # 87644 )
Great Falls, Montana ) NOV No. V201332800015
)
NOTICE OF VIOLATION
Released: November 15, 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 Flinn Broadcasting Corporation
(Flinn), licensee of radio station KLSK in Great Falls, Montana.
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 September 18, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected radio station KLSK located at 1601 2nd Ave
North, Suite 528, Great Falls, Montana, 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
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams . . . . " At the time of the
inspection, there were no entries in the station's logs indicating
why KLSK did not receive any required monthly test, required weekly
test or actual activations from station KMON, the assigned LP-1
monitoring source, during the time period from June 1, 2012, through
August 31, 2012.
b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
this section. Additional tests may be performed anytime. EAS
activations and special tests may be performed in lieu of required
tests as specified in paragraph (a)(4) of this section. All tests
will conform with the procedures in the EAS Operating Handbook." At
the time of the inspection, Flinn failed to ensure that for the
period June 1 through August 31, 2012, the required monthly test,
required weekly tests or activations for the station were received.
c. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
for completion of the following duties specified in this paragraph
below. ... (3) Review of the station records at least once each week
to determine if required entries are being made correctly.
Additionally, verification must be made that the station has been
operated as required by the rules or the station authorization. Upon
completion of the review, the chief operator or his designee must
date and sign the log, initiate any corrective action which may be
necessary, and advise the station licensee of any condition which is
repetitive." At the time of inspection, the Chief Operator had not
signed the EAS logs for over three months.
d. 47 C.F.R. S: 73.3526(e)(12) - Radio issues/programs lists: "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 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 agent determined that the public inspection file
did not contain two quarters of the issues-programs lists from the
first and second quarter of 2012.
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, Flinn 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
Flinn to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Flinn with personal knowledge of the
representations provided in Flinn'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 Flinn Broadcasting Corporation 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
2
Federal Communications Commission