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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
Bureau:

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.

FEDERAL COMMUNICATIONS COMMISSION

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

References

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