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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jeannine M. Mason ) File No. EB-FIELDWR-12-00004903
Licensee of Station KTZZ )
Facility ID 81886 )
Conrad, MT ) NOV No. V201332800024
)
NOTICE OF VIOLATION
Released: December 3, 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 Jeannine M. Mason (Mason),
licensee of radio station KTZZ serving Conrad, 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 August 10, 2012, an agent of the Enforcement Bureau's Denver
District Office attempted to inspect radio station KTZZ, located at
3313 15th Street NE, Black Eagle, Montana, and observed the following
violations:
a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part..." On August 10, 2012, the agent monitored a
Studio-Transmitter-Link (STL) on frequency 946.5 MHz, and heard
KTZZ's call sign and content being transmitted. The agent confirmed
by direction finding techniques that the signal on 946.5 MHz was
emanating from the KTZZ studio at 3313 15th Street NE, in Black
Eagle, MT. A search of the Commission's records revealed that KTZZ
did not have an authorization to transmit on 946.5 MHz.
b. 47 C.F.R. S: 73.1225(a): "The licensee of a broadcast station shall
make the station available for inspection by representatives of the
FCC during the station's business hours, or at any time it is in
operation." On August 10, 2012, the agent observed that the station
was locked and unattended. Multiple telephone calls to the station
throughout that day were not answered, and two voice messages were
not returned that day. The agent taped his business cards to the
doors with a note requesting to inspect the station. No alternative
contact information was found at the main studio or in the station's
telephone message. The station was not available for inspection on
August 10, 2012.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Mason 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.
4. In accordance with Section 1.16 of the Rules, we direct Mason to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by Mason, 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.
5. 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
6. This Notice shall be sent to Jeannine M. Mason at her address of
record.
7. 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 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
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Federal Communications Commission