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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
LKCM Radio Group, L.P. ) File No.: EB-FIELDSCR-12-00005508
Licensee of Station KJKB-FM ) NOV No.: V201332500024
) Facility ID No.: 855
Jacksboro, Texas )
)
)
)
)
NOTICE OF VIOLATION
Released: December 27, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to LKCM Radio Group, L.P., licensee
of radio station KJKB-FM in Jacksboro, Texas. Pursuant to Section
1.89(a) of the Rules, issuance of this NOV does not preclude the
Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violation(s)
noted herein.
2. On October 25, 2012, an agent of the Enforcement Bureau's Dallas
Office inspected Station KJKB-FM located in Jacksboro, Texas, and
observed the following violation(s):
a. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation. Additionally, 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 or sent 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, the EAS
equipment for KJKB-FM was unable to send and receive tests. The EAS
equipment was not properly programmed and/or installed to transmit
the required weekly tests (RWTs), the required monthly tests (RMTs)
or to monitor the required LP1 (WBAP, 820 AM) and LP2 (KSCS, 96.3
FM) sources. Moreover, Station KJKB-FM did not have any EAS logs.
b. 47 C.F.R. S: 73.1350(c): "The licensee must establish monitoring
procedures and schedules for the station and the indicating
instruments employed must comply with S:73.1215." At the time of the
inspection, there were no records that KJKB-FM monitoring procedures
and schedules were established and indicating instruments were
monitored. Also, an agent from the Dallas Office asked the Station
Chief Engineer to monitor the transmitter power output, but the
Station had problems with their remote connection.
c. 47 C.F.R. S: 73.1560(d): "In the event it becomes technically
impossible to operate at authorized power, a broadcast station may
operate at reduced power for a period of not more than 30 days
without specific authority from the FCC. If operation at reduced
power will exceed 10 consecutive days, notification must be made to
the FCC in Washington, DC. ... If causes beyond the control of the
licensee prevent restoration of the authorized power within 30 days,
a request for Special Temporary Authority (see S: 73.1635) must be
made to the FCC in Washington, DC for additional time as may be
necessary." At the time of inspection, Station KJKB-FM was operating
at less than authorized power for more than 10 consecutive days. The
Station Chief Engineer stated that the station had been operating at
less than authorized power since October 11, 2012. There was no
record that LKCM Radio Group, L.P. notified the FCC to operate at
less than authorized power.
d. 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 the inspection, there was no written
designation of the chief operator.
e. 47 C.F.R. S: 73.3526(e)(1): "The material to be retained in the
public inspection file is as follows: (1) Authorization. A copy of
the current FCC authorization to construct or operate the station, as
well as any documents necessary to reflect any modifications thereto
or any conditions that the FCC has placed on the authorization." At
the time of the inspection, no station license renewal authorization
was found at the station studio.
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 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 taken. Therefore,
LKCM Radio Group, L.P. 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 LKCM Radio
Group, L.P. to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of LKCM Radio Group, L.P. with personal knowledge
of the representations provided in LKCM Radio Group, L.P.'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 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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243
7. This Notice shall be sent to LKCM Radio Group, L.P. 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
James D. Wells
District Director
Dallas District Office
South Central 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