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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CVAC, Inc. ) File No. EB-FIELDWR-13-00006437
Licensee of Station KRML(AM) )
Facility ID # 73064 )
Carmel, California ) NOV No. V201332960018
)
NOTICE OF VIOLATION
Released: April 25, 2013
By the District Director, San Francisco 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 CVAC, Inc., licensee of radio
station KRML(AM) in Carmel, 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 violation(s) noted herein.^
2. On January 30, 2013, an agent of the Enforcement Bureau's San
Francisco Office inspected radio station KRML(AM) located in Carmel,
California, and observed the following violations:
a. 47 C.F.R. S 73.1125(e): "Each AM, FM, TV and Class A TV broadcast
station shall maintain a local telephone number in its community of
license or a toll-free number." At the time of inspection there were
no local or toll free phone numbers listed for KRML.
b. 47 C.F.R. S 73.3526(e)(2): "Applications and related materials. A
copy of any application tendered for filing with the FCC, together
with all related material, and copies of Initial Decisions and Final
Decisions in hearing cases pertaining thereto. If petitions to deny
are filed against the application and have been served on the
applicant, a statement that such a petition has been filed shall be
maintained in the file together with the name and address of the
party filing the petition. Applications shall be retained in the
public inspection file until final action has been taken on the
application, except that applications for a new construction permit
granted pursuant to a waiver showing and applications for assignment
or transfer of license granted pursuant to a waiver showing shall be
retained for as long as the waiver is in effect. In addition, license
renewal applications granted on a short-term basis shall be retained
until final action has been taken on the license renewal application
filed immediately following the shortened license term." At the time
of inspection, there were no applications or other related materials
provided in the public inspection files.
c. 47 C.F.R. S 73.3526(e)(4): "Contour maps. A copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, together with any other information in the application
showing service contours and/or main studio and transmitter location
(State, county, city, street address, or other identifying
information). These documents shall be retained for as long as they
reflect current, accurate information regarding the station." At the
time of inspection, there were no contour maps provided at the
station or in the public inspection file.
d. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials.
A copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related materials shall be placed in the
file. The permittee or licensee must retain in the public file either
a copy of the contracts listed in such reports in accordance with S
73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees
or permittees who choose to retain a list of contracts must provide a
copy of any contracts to requesting parties within 7 days." At the
time of inspection, there were no ownership reports or related
materials provided in the public inspection file.
e. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
station log as required by S 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 inspection, there was no station log
being maintained by the licensee.
f. 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 times when the chief operator is unavailable or
unable to act (e.g., vacations, sickness), the licensee shall
designate another person as the acting chief operator on a temporary
basis." At the time of inspection, there was no person designated as
the Chief Operator.
g. 47 C.F.R S 73.1870(b)(3): "The designation of the chief operator must
be in writing with a copy of the designation posted with the station
license. Agreements with chief operators serving on a contract basis
must be in writing with a copy kept in the station files." At the
time of inspection, there was no written letter posted with the
station license designating the Chief Operator.
h. 47 C.F.R S 73.1400(b): "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. Unattended operation. Unattended operation is
either the absence of human supervision or the substitution of
automated supervision of a station's transmission system for human
supervision. In the former case, equipment is employed which is
expected to operate within assigned tolerances for extended periods
of time. The latter consists of the use of a self-monitoring or
ATS-monitored and controlled transmission system that, in lieu of
contacting a person designated by the licensee, automatically takes
the station off the air within three hours of any technical
malfunction which is capable of causing interference." At the time of
inspection, the station was unable to switch to night time power at
the required times or to shut the transmitter off if there was a
technical malfunction.
i. 47 C.F.R S 73.1745(a): "No broadcast station shall operate at times,
or with modes or power, other than those specified and made a part of
the license, unless otherwise provided in this part." At the time of
inspection, the station failed to switch to night time power as
specified on 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, CVAC, 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 CVAC, 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
CVAC, Inc., with personal knowledge of the representations provided in
CVAC, 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
6. This Notice shall be sent to CVAC, 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
David K. Hartshorn
District Director
San Francisco 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