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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Big Broadcasting, Inc. ) File No. EB-FIELDWR-12-00002952
Licensee of Station KOKO-FM )
Facility ID # 3970 )
Kerman, California ) NOV No. V201332960012
)
)
NOTICE OF VIOLATION
Released: December 21, 2012
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules, to Big Broadcasting, Inc., licensee of
radio station KOKO-FM serving Kerman, California. 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 April 19, 2012, an agent of the Enforcement Bureau's San Francisco
District Office inspected radio station KOKO-FM located in Fresno,
California 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 KOKO-FM's logs indicating why
the required monthly tests (RMTs) had not been received over the
three months prior to the inspection.
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." KOKO-FM
failed to ensure that, over the three months prior to the inspection,
that RMTs of the EAS system were transmitted.
c. 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..." The State Plan, revised as of January 20, 2004, specified
the LP-2 assignment to be KFSN-TV Channel 30, Fresno, CA. At the time
of inspection KOKO-FM was not monitoring the LP-2 station."
d. 47 C.F.R S: 73.3526(e)(12): "For commercial AM and FM broadcast
stations, every three months a list of programs that 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 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." Radio station KOKO-FM's public
inspection file did not have the third and fourth quarters of the
Issues and Programs List for the calendar year of 2011.
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 Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, Big Broadcasting, Inc. 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 Rules, we direct Big
Broadcasting, 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 Big Broadcasting, Inc. with personal
knowledge of the representations provided in Big Broadcasting, Inc.
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.
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
San Francisco District Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
7. This Notice shall be sent to Big Broadcasting, 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
David K. Hartshorn
District Director
San Francisco 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
3
Federal Communications Commission