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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Centro Cristiano De Vida Eterna ) File No.: EB-FIELDSCR-13-00009721


   Licensee of Station KNLY ) NOV No.: V201332540015


   New Waverly, Texas ) Facility ID: 173796


                              NOTICE OF VIOLATION

   Released: July 15, 2013

   By the Resident Agent, Houston 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 Centro Cristiano De Vida Eterna,
       licensee of radio station KNLY in New Waverly, 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 July 2, 2013, agents of the Enforcement Bureau's Houston Office
       inspected radio station KNLY located at 600 S. Frazier Street, Conroe,
       Texas and observed the following violations:

     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 inspection, no EAS
        equipment was observed in the station's studio or transmitter site.
        Additionally, the station manager stated that EAS equipment had not
        yet been purchased or installed at the station.

     b. 47 C.F.R. S 73.1125(a): "...each AM, FM and TV broadcast station
        shall maintain a main studio..." The Commission has interpreted this
        rule to require a station to "equip the main studio with production
        and transmission facilities that meet applicable standards, maintain
        continuous program transmission capability, and maintain a meaningful
        management and staff presence."^ Specifically, the Commission has
        found that a main studio "must, at a minimum, maintain full-time
        managerial and full-time staff personnel."^ When the agents showed up
        at the main studio, the studio door was locked and no personnel were
        at the facility.

     c. 47 C.F.R. S 73.1230(a): "The station license and any other instrument
        of station authorization shall be posted in a conspicuous place and
        in such a manner that all terms are visible at the place the licensee
        considers the principle control point of the transmitter." At the
        time of inspection, a copy of the station authorization was not
        available at the main studio.

     d. 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, no station logs were observed
        at the main studio. Additionally, the station manager stated that no
        logs were being maintained.

     e. 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 designation of the
        chief operator in writing.

     f. 47 C.F.R. S 73.3527(c)(1): "The file shall be available for public
        inspection at any time during regular business hours. All or part of
        the file may be maintained in a computer database, as long as a
        computer terminal is made available, at the location of the file, to
        members of the public who wish to view the file. ..." At the time of
        inspection, no material required to be in the public inspection file
        was available at the main studio. Additionally, the general manger
        stated that someone with the station was supposed to be putting
        together all of the material for the public file, but the file was
        not completed yet.

    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, Centro Cristiano De Vida Eterna 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 Centro
       Cristiano De Vida Eterna to support its response to this Notice with
       an affidavit or declaration under penalty of perjury, signed and dated
       by an authorized officer of Centro Cristiano De Vida Eterna with
       personal knowledge of the representations provided in Centro Cristiano
       De Vida Eterna'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

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    7. This Notice shall be sent to Centro Cristiano De Vida Eterna 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.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
   (1988) (Main Studio and Program Origination Rules), erratum issued, 3 FCC
   Rcd 5717 (1988) (correcting language in n.29).

   ^ See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 3615, 3616 & n.2 (1991)  (noting that, "This is not to
   say that the same staff person and manager must be assigned full-time to
   the main studio. Rather, there must be management and staff presence on a
   full-time basis during normal business hours to be considered
   `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992)  (Jones Eastern II). See
   also [1]Birach Broadcasting Corporation, Notice of Apparent Liability, 25
   FCC Rcd 2635 (Enf. Bur. 2010).

   ^ 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


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