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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Kemp Broadcasting, Inc ) File No.: EB-FIELDWR-13-00008283

   )

   Registrant of Antenna Structure No. 1061958 ) NOV No.: V201332900025

   )

   )

   Moapa, Nevada )

                              NOTICE OF VIOLATION

   Released: May 16, 2013

   By the 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 Kemp Broadcasting, Inc,
       registrant of Antenna Structure No. 1061958 in Moapo, Nevada. 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 April 17, 2013, an agent of the Enforcement Bureau's Los Angeles
       Office inspected Antenna Structure No. 1061958 located at Moapa,
       Nevada, and observed the following violations:

     a. 47 C.F.R. S 17.4(g):  "The Antenna Structure Registration Number must
        be displayed in a conspicuous place so that it is readily visible
        near the base of the antenna structure. Materials used to display the
        Antenna Structure Registration Number must be weather-resistant and
        of sufficient size to be easily seen at the base of the antenna
        structure." During the inspection, the agent observed no Antenna
        Structure Registration Number posted near the base of the antenna
        structure.

     b. 47 C.F.R. S 17.48: "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a) Shall report immediately
        by telephone or telegraph to the nearest Flight Service Station or
        office of the Federal Aviation Administration any observed or
        otherwise known extinguishment or improper functioning of any top
        steady burning light or any flashing obstruction light, regardless of
        its position on the antenna structure, not corrected within 30
        minutes. Such reports shall set forth the condition of the light or
        lights, the circumstances which caused the failure, the probable date
        for restoration of service, the FCC Antenna Structure Registration
        Number, the height of the structure (AGL and AMSL if known) and the
        name, title, address, and telephone number of the person making the
        report..."  The agent observed extinguished flashing obstruction
        lights on the tower, both during the day and at night. Yet, the
        agent's research indicated a Notice to Airmen (NOTAM) had not been
        reported by the tower owner. Furthermore, during a telephone call on
        April 29, 2013 with a representative of Kemp Broadcasting, Inc, the
        agent was informed that a NOTAM had not been reported.

     c. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." During
        a nighttime observation, the agent observed no flashing red
        obstruction lighting  at the . level.

     d. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
        obstruction lighting shall be exhibited continuously unless otherwise
        specified." During a daytime observation, the agent observed no
        medium intensity obstruction lighting at the top or . levels of the
        structure; only one light was observed at the . and . levels, where a
        minimum of two are required.

     e. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within 24 hours of completion of construction (FCC
        Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
        immediately notify the Commission using FCC Form 854 upon any change
        in structure height or change in ownership information." At the time
        of the inspection, the FCC's antenna structure registration database
        listed the status of the antenna structure as "Granted" instead of
        "Constructed" even though the structure has been constructed.
        According to information obtained from the FAA, the antenna structure
        was constructed in 2001.

     f. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within  24 hours of completion of construction (FCC
        Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
        immediately notify the Commission using FCC Form 854 upon any change
        in structure height or change in ownership information." At the time
        of the inspection, the FCC's antenna structure registration database
        did not list the correct owner's name or address.

    3. Pursuant to Section  403 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.
       Additionally, we request  the following information be provided: (1)
       how were lights on antenna structure  1061958 monitored pursuant to
       Section 17.47 of the Rules for the period from January 1 to April 29,
       2013; (2)  the last date when all lighting on antenna structure
       1061958 was known to be operational prior to April 29, 2013 and how
       that determination was made, including providing records of observed
       or otherwise known extinguishments or improper functioning of
       structure lights pursuant to Section 17.49 of the Rules; and (3) the
       current status of the lights on antenna structure 1061958 and if not
       yet fully restored, provide a timeframe as to when the repairs are
       expected to be completed.

    4. Therefore, Kemp Broadcasting, 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.^

    5. In accordance with Section 1.16 of the Rules, we direct Kemp
       Broadcasting, 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 Kemp Broadcasting, Inc with personal
       knowledge of the representations provided in Kemp Broadcasting, 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.^

    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 Road, Suite 660

   Cerritos, CA 90703

    7. This Notice shall be sent to Kemp Broadcasting, Inc 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

   Charles A. Cooper

   District Director

   Los Angeles District 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 403.

   ^ 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

   4

                       Federal Communications Commission