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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pamplin Broadcasting- Washington, Inc. ) File No. EB-FIELDWR-12-00005887
)
Licensee of Station KKOV )
Facility ID # 69812 )
) NOV No. V201332920006
Vancouver, WA )
NOTICE OF VIOLATION
Released: January 16, 2013
By the Resident Agent, Portland Resident Agent 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 Pamplin Broadcasting-Washington,
Inc. (Pamplin), licensee of radio station KKOV in Vancouver,
Washington. 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 violation(s) noted herein.
2. On December 14, 2012, an agent of the Enforcement Bureau's Portland
Office inspected radio station KKOV located at 6605 SE Lake Road,
Portland, Oregon, and observed the following violations:
a. 47 C.F.R. S: 11.52(d)(2): " With respect to monitoring EAS messages
formatted in accordance with the specification set forth in S:
11.56(a)(2), EAS Participants' EAS equipment must interface with the
Federal Emergency Management Agency's Integrated Public Alert and
Warning System (IPAWS) to enable (whether through "pull" interface
technologies, such as Really Simple Syndication (RSS) and Atom
Syndication Format (ATOM), or "push" interface technologies, such as
instant messaging and email) the distribution of Common Alert
Protocol (CAP)-formatted alert messages from the IPAWS system to EAS
Participants' EAS equipment." At the time of the inspection on
December 14, 2012, KKOV's EAS equipment model Sage Digital ENDEC was
observed off-line from the FEMA's IPAWS server.
b. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in S: 11.35(a) and 11.54(a)(3)." KKOV did not
have EAS CAP-formatted entries from August 13, 2012 through December
14, 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. The inspection conducted on
December 14, 2012, revealed that KKOV's EAS Sage Digital ENDEC
equipment was off-line from the FEMA's IPAWS server and KKOV's EAS
Logs did not have CAP-formatted entries from August 13, 2012 through
December 14, 2012.
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,
Pamplin, 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 Pamplin to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Pamplin with personal knowledge of the representations provided in
Pamplin'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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666-1469
7. This Notice shall be sent to Pamplin Broadcasting-Washington, 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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
2
Federal Communications Commission