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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Reier Broadcasting Company, Inc. ) File No. EB-FIELDWR-12-00005088
Licensee of Station KBOZ-FM )
Facility ID # 55676 )
Bozeman, Montana ) NOV No. V201332800017
)
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 Reier Broadcasting Company, Inc.
(Reier), licensee of radio station KBOZ-FM in Bozeman, 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 20, 2012, an agent of the Enforcement Bureau's Denver
District Office inspected radio station KBOZ-FM located at 5445
Johnson Road, Bozeman, 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 KBOZ-FM did not receive any required monthly tests from KGLT
(frequency 91.9 MHz), the assigned LP-1 monitoring source, during the
months from June 1 through August, 31 2012.
b. 47 C.F.R. S: 11.52(d)(1): "...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...." At the time of inspection, Reier was not monitoring the
assigned LP-1 source, KGLT, frequency 91.9 MHz, as required in the
Montana EAS State Plan.
c. 47 C.F.R. S: 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012, EAS
Participants must have deployed operational equipment that is capable
of the following:
(1) Acquiring EAS alert messages in accordance with the monitoring
requirements in S:11.52(d)(2); (2) Converting EAS alert messages that
have been formatted pursuant to the Organization for the Advancement of
Structured Information Standards (OASIS) Common Alerting Protocol..."
During the inspection conducted on September 20, 2012, KBOZ-FM did not
have the required CAP-formatted EAS equipment.
d. 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, Reier failed to ensure that for the
period June 1 through August 31, 2012, the required monthly tests
were received by the station.
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, Reier 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
Reier to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Reier, with personal knowledge of the
representations provided in Reier'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 Reier Broadcasting Company, Inc., 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 C.F.R. S: 11.56. Review of the Emergency Alert System, 77 Fed. Reg.
16688, 16706 (Mar. 22, 2012), as amended, 77 FR 26701, 26703, (May 7,
2012).
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