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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tuck Properties, Inc. ) File No.: EB-FIELDSCR-13-00007234
Licensee of Station KNAV-LP ) NOV No.: V201332500042
) Facility ID: 47898
De Soto, Texas )
)
NOTICE OF VIOLATION
Released: April 8, 2013
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 Tuck Properties, Inc., licensee
of Low Power TV Station KNAV-LP in De Soto, Texas. 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 March 7, 2013, an agent of the Enforcement Bureau's Dallas Office
inspected the transmitter site for Station KNAV-LP, located in De
Soto, Texas, and observed the following violation(s):
a. 47 C.F.R. S 74.765(b): "The call sign of the station, together with
the name, address, and telephone number of the licensee, if the
licensee does not reside in the community served by the station, and
the name and address of the person and where the station records are
maintained, shall be displayed at the transmitter site on the
structure supporting the transmitting antenna, so as to be visible to
a person standing on the ground. The display shall be maintained in
legible condition by the licensee". At the time of the inspection,
the agent observed that the required sign was not posted.
b. 47 C.F.R. S 74.784(b): "The licensee of a low power TV or TV
translator station shall not rebroadcast the programs of any other TV
broadcast station or other station authorized under the provisions of
this Subpart without obtaining prior consent of the station whose
signals or programs are proposed to be retransmitted. The FCC,
Attention: Video Division, Media Bureau, shall be notified of the
call letters of each station rebroadcast, and the licensee of the low
power TV or TV broadcast translator station shall certify it has
obtained written consent from the licensee of the station whose
programs are being retransmitted." During the day of the inspection,
Tuck Properties, Inc. stated in an email that Station KNAV-LP did not
have a written agreement with HOT TV to rebroadcast their
programming. Tuck Properties, Inc. only had a verbal agreement to
rebroadcast HOT TV's programming.
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, Tuck Properties, 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 Tuck
Properties, 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 Tuck Properties, Inc. with personal knowledge
of the representations provided in Tuck Properties, Inc.'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.^
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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas 75243
6. This Notice shall be sent to Tuck Properties, 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
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
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Federal Communications Commission