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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Foster Communications Company, Inc. ) File No. EB-FIELDSCR-13-00008697


   Licensee of Stations KKSA, KCLL-FM, ) NOV No. V201332500045

   KWFR-FM, and KIXY-FM )

   ) Facility ID Nos.: 22156, 17778,

   Owner of Antenna Structure No. 1048828 ) 22159, and 22157


   San Angelo, Texas )


                              NOTICE OF VIOLATION

   Released:  June 12, 2013

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Foster Communications Company,
       Inc., licensee of Stations KKSA (AM), KCLL-FM, KWFR-FM, and KIXY-FM
       (collectively Stations), and owner of antenna structure number 1048828
       in San Angelo, Texas. Pursuant to Section 1.89(a) of the Rules,
       issuance of this NOV 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 May 9, 2013, an agent of the Enforcement Bureau's Dallas Office
       inspected Stations KKSA (AM), KCLL-FM, KWFR-FM, KIXY-FM and antenna
       structure number 1048828 located in San Angelo, Texas, and observed
       the following violation(s):

     a. 47 C.F.R. S 11.35(a): "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 inspection, the agent
        reviewed the last three months of the Stations' EAS logs and found
        eight weeks of missing received tests from the assigned LP1 station,
        without an appropriate entry in the log explaining why the tests were
        not received. The rest of the Stations' EAS logs were complete.

     b. 47 C.F.R. S 11.52(d): "[Emergency Alert System] EAS Participants must
        monitor two EAS sources. The monitoring assignments of each broadcast
        station, 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, the
        Stations were monitoring three sources, but one of them was not the
        assigned LP2 station. Moreover, the assigned LP1 station had no input
        signal. According to the Stations' EAS logs, the last weekly test
        from the assigned LP1 station was received on March 15, 2013.

     c. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." At the time of inspection, the paint on the antenna
        structure was faded and chipped.

     d. 47 C.F.R. 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 the inspection, Station KCLL-FM was authorized to operate a Studio
        Transmitter Link (STL) on the frequency 948.00 MHz, but the agent
        found the STL operating on the frequency 945.50 MHz.

     e. 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 the inspection, Stations KKSA (AM) and KCLL-FM did not have
        the contour map in their public inspection files.

    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.

    4. Pursuant to Section 308(b) and 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.
       Therefore, Foster Communications Company, 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 Foster
       Communications Company, 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 Foster Communications Company, Inc.
       with personal knowledge of the representations provided in Foster
       Communications Company, 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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas 75243

    7. This Notice shall be sent to  Foster Communications Company, 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.


   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. SS 308(b), 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


                       Federal Communications Commission