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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Central Park Church of God ) File No.: EB-FIELDSCR-13-00007078
)
Licensee of Station KYFA-FM ) NOV No.: V201332500043
)
Ginger, Texas ) Facility ID Nos.: 174944, 150493
)
Licensee of Station K240DS )
)
Garland, Texas )
)
NOTICE OF VIOLATION
Released: April 22, 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 Central Park Church of God,
licensee of radio station KYFA-FM in Ginger, Texas and radio station
K240DS in Garland, 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 February 27 and 28, 2013, agents of the Enforcement Bureau's Dallas
Office inspected Stations KYFA-FM licensed to Ginger, Texas and K240DS
located in Garland, 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, 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." At the time of the inspection, the EAS
equipment was installed in the Garland, Texas studio and then looped
through the equipment at the Quinlan, Texas Church. This arrangement
does not make the EAS equipment and messages available when programs
are originated from the Quinlan, Texas location.
b. 47 C.F.R. S 11.52(d): "EAS Participants must comply with the
following monitoring requirements: (1)With respect to monitoring for
EAS messages that are formatted in accordance with the EAS Protocol,
EAS Participants must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook.
They are developed in accordance with FCC monitoring priorities." At
the time of the inspection, Station KYFA-FM was not monitoring the
assigned stations in the Waco EAS operational area. Station KYFA-FM
was monitoring two unassigned stations.
c. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012, EAS
Participants must have deployed operational equipment that is capable
of the following: (1) Acquiring EAS alert messages in accordance with
the monitoring requirements in S11.52(d)(2); (2) Converting EAS alert
messages that have been formatted pursuant to the Organization for
the Advancement of Structured Information Standards (OASIS) Common
Alerting Protocol..." During the inspection, Station KYFA-FM had
installed CAP formatted equipment. However, the equipment appeared to
have been installed or formatted incorrectly, because the Station was
unable to convert CAP formatted messages during the inspection and
had no evidence that it had ever been able to do so.
d. 47 C.F.R. S 73.1125(a): "Except for those stations described in
paragraph (b) of this section, each AM, FM, and TV broadcast station
shall maintain a main studio at one of the following locations: (1)
Within the station's community of license; (2) At any location within
the principal community contour of any AM, FM, or TV broadcast
station licensed to the station's community of license; or (3) Within
twenty-five miles from the reference coordinates of the center of its
community of license as described in S 73.208(a)(1)." At the time of
the inspection, Station KYFA-FM had a `main studio' which consisted
of a small cabinet of equipment located in the pastor's office of the
Church of God in Quinlan, Texas. This equipment allowed the pastor to
originate programming during scheduled times, however, at the time of
inspection, this equipment was not operational. The pastor was unable
to recall when the equipment failed. This studio was only staffed
part-time by the pastor. The operational studio for Station KYFA-FM
with the EAS equipment and staff is in Garland, Texas which does not
meet any of the above-listed location criteria.
e. 47 C.F.R. S 73.1400: "The licensee of an AM, FM, TV or Class A TV
station is responsible for assuring that at all times the station
operates within tolerances specified by applicable technical rules
contained in this part and in accordance with the terms of the
station authorization." At the time of the inspection, station
personnel did not know Station KYFA-FM was not transmitting.
f. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
station log as required by Section 73.1820. This log shall be kept by
station employees competent to do so, having actual knowledge of the
facts required. All entries, whether required or not by the
provisions of this part, must accurately reflect the station
operation. Any employee making a log entry shall sign the log,
thereby attesting to the fact that the entry, or any correction or
addition made thereto, is an accurate representation of what
transpired." At the time of the inspection, there was no station log
for Station KYFA-FM.
g. 47 C.F.R. S 73.1820(a)(1)(iii): "The following information must be
entered [in the Station log]: (iii) An entry of each test and
activation of the Emergency Alert System (EAS) pursuant to the
requirement of part 11 of this chapter and the EAS Operating
Handbook. Stations may keep EAS data in a special EAS log which shall
be maintained at a convenient location: however, this log is
considered to be part of the station log." At the time of the
inspection, there were no entries in any log for any EAS tests or
activations.
h. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A
TV broadcast station must designate a person to serve as the
station's chief operator." At the time of the inspection, Station
KYFA-FM had not designated a chief operator.
i. 47 C.F.R. S 73.3527(a): "Every permittee or licensee of an AM, FM, or
TV station in the noncommercial educational broadcast services shall
maintain a public inspection file containing the material, relating
to that station," At the time of the inspection, Station KYFA-FM did
not maintain a public inspection file in either the Quinlan or
Garland, Texas studios.
j. 47 C.F.R. S 74.1296: "The licensee or permittee of a station
authorized under this subpart shall have a current copy of Volumes I
(parts 0, 1, 2 and 17) and III (parts 73 & 74) of the Commission's
Rules and shall make the same available for use by the operator in
charge. Each such licensee or permittee shall be familiar with those
rules relating to stations authorized under this subpart." Station
K240DS did not have a copy of the rules and station personnel were
unfamiliar with the applicable rules.
k. 47 C.F.R. S 74.1231(b): "Purpose and permissible service. An FM
translator may be used for the purpose of retransmitting the signals
of a primary AM or FM radio broadcast station or another translator
station the signal of which is received directly through space,
converted, and suitably amplified." At the time of the inspection,
Station KYFA-FM, the station K240DS is authorized to retransmit, was
not operational, yet Station K240DS was operating. Additionally,
station personnel were not aware that Station KYFA-FM was not
operational.
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. 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, Central Park Church of God, 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 Central Park
Church of God to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Central Park Church of God with personal
knowledge of the representations provided in Central Park Church of
God 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, #1170
Dallas, Texas 75243
7. This Notice shall be sent to Central Park Church of God 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
5
Federal Communications Commission