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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Post Rock Communications ) File No. EB-FIELDWR-13-00006354
Licensee of Station KKYT )
)
Facility ID # 190406 ) NOV No. V201332900009
Ridgecrest, California )
)
NOTICE OF VIOLATION
Released: February 25, 2013
By the Acting District Director, Los Angeles 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 Post Rock Communications,
licensee of radio station in Ridgecrest, 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 December 12 and 18, 2012, agents of the Enforcement Bureau's Los
Angeles Office inspected radio station KKYT located at 121 W
Ridgecrest Blvd, Ridgecrest, California, and observed the following
violations:
a. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and receiving
equipment, and Intermediate Devices used as part of the EAS to decode
and/or encode messages formatted in the EAS Protocol and/or the Common
Alerting Protocol 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
S 11.61(a)(1) and (2). Appropriate entries indicating reasons why any
tests were not received must be made in the broadcast station log as
specified in SS 73.1820 and 73.1840 of this chapter for all broadcast
streams...." At the time of the inspections, the agents observed that
KKYT's EAS equipment was not installed and not operational.
b. 47 C.F.R. S 73.3526(a)(2): "Every permittee or licensee of an AM, FM,
TV or Class A TV station in the commercial broadcast services shall
maintain a public inspection file . . . ." At the time of inspections, the
agents observed that KKYT did not maintain a public inspection file.
c. 47 S 73.1350(a): "Each licensee is responsible for maintaining and
operating its broadcast station in a manner which complies with the
technical rules set forth elsewhere in this part and in accordance with
the terms of the station authorization." At the time of inspections, the
agents observed that the station's transmission system was not in
accordance with the terms of the station authorization. Specifically, the
agents observed that the two-bay antenna system was installed at a lower
height than authorized.
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 taken.
Therefore, Post Rock Communications, 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 Post Rock
Communications to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Post Rock Communications with personal
knowledge of the representations provided in Post Rock Communications
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
Los Angeles Office
18000 Studebaker Rd., Ste 660
Cerritos, California 90703
7. This Notice shall be sent to Post Rock Communications 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
Margaret M. Egler
Acting District Director
Los Angeles 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