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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Family Stations, Inc. ) File No. EB-FIELDWR-12-00003233
Licensee of FM Broadcast Station KPFR )
)
Facility ID # 85834 )
) NOV No. V201332920007
Pine Grove, Oregon )
NOTICE OF VIOLATION
Released: January 22, 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 Family Stations, Inc., license
of FM Broadcast Station in Pine Grove, Oregon. 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 June 14, 2012, in response to a complaint, an agent of the
Enforcement Bureau's Portland Office inspected KPFR transmitting
facility located at the Timberline Communications Site, west of the
Timberline Lodge in the Mt. Hood National Forest, Oregon and observed
the following violations:
a. 47 C.F.R. S:73.1350(a): "Each licensee is responsible for maintaining
and operating its broadcast station in a manner ... in accordance
with the terms of the station authorization." During the inspection
on June 14, 2012, the inspecting agent observed that KPFR operated on
the frequency 89.5 MHz with a vertically polarized directional
antenna model Shiverly Labs 6513-1 located on a pole at the
Timberline Communications Site. The agent measured this antenna's
radiation center with a laser rangefinder and determined that the
antenna's radiation center was approximately 5 meters lower than the
authorized value in the terms of the station authorization.
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,
Family Stations, 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.
4. In accordance with Section 1.16 of the Rules, we direct Family
Stations, 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 Family Stations, Inc., with personal
knowledge of the representations provided in Family Stations, 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 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, WA 98666-1469
6. This Notice shall be sent to the Family Stations, Inc., at its 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
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
3
Federal Communications Commission