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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
Bureau:
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.
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. 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
4
Federal Communications Commission