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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Salt & Light Radio, Inc. ) File No.: EB-FIELDWR-13-00010212
Licensee of Station KCID )
) NOV No.: V201332920017
)
Caldwell, Idaho ) Facility ID: 68593
NOTICE OF VIOLATION
Released: August 1, 2013
By the Resident Agent, Portland Resident Agent 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 Salt & Light Radio, Inc. (Salt &
Light), licensee of radio station KCID in Caldwell, Idaho. 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 24, 2013, an agent of the Enforcement Bureau's Portland Office
inspected radio station KCID located at 5601 W. Cassia, Boise, Idaho,
and observed the following violations:
a. 47 C.F.R. S 11.21(a): "...If a state's emergency alert system is
capable of initiating EAS messages formatted in the Common Alerting
Protocol (CAP), its State EAS Plan must include specific and detailed
information describing how such messages will be aggregated and
distributed to EAS Participants within the state, including the
monitoring requirements associated with distributing such messages."
During the inspection conducted on July 24, 2013, the inspecting
agent noted that KCID did not have the current EAS State Plan with
information concerning the Common Alert Protocol.
b. 47 C.F.R. S11.15: "The EAS Operating Handbook states in summary form
the actions to be taken by personnel at EAS Participant facilities
upon receipt of an EAN, an EAT, tests, or State and Local Area
alerts. It is issued by the FCC and contains instructions for the
above situations. A copy of the Handbook must be located at normal
duty positions or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." KCID
did not maintain the required EAS Operating Handbook during the
inspection conducted on July 24, 2013.
c. 47 C.F.R. 11.35: "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." During the inspection on July 24,
2013, the Encoder/Decoder model Sage ENDEC was not connected to the
internet to monitor the Common Alerting Protocol messages.
d. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast
stations, every three months a list of programs that have provided
the station's most significant treatment of community issues during
the preceding three month period. The list for each calendar quarter
is to be filed by the tenth day of the succeeding calendar quarter
(e.g., January 10 for the quarter October-December, April 10 for the
quarter January-March, etc.). The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment..." During the
inspection conducted on July 24, 2013, the agent observed that KCID
did not have the 2^nd Quarter 2013 Issues and Programs lists in the
station's Public Inspection File.
e. 47 C.F.R. S 73.1870(b)(3): " The designation of the chief operator
must be in writing with copy of the designation posted with the
station license. Agreements with chief operators serving on a
contract basis must be in writing with copy kept in the station
files." KCID did not have the chief operator designation in writing
during the inspection on July 24, 2013.
f. 47 C.F.R S 73.1590(a)(6): " The licensee of each AM, FM, TV and Class
A TV stations, except licensees of Class D non-commercial educational
FM stations authorized to operate with 10 watts or less output power,
must make equipment performance measurements for each main
transmitter annually, for AM stations, with not more than 14 months
between measurements." During the inspection conducted on July 24,
2013, KCID did not have the required equipment performance
measurements.
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 regulatees. The inspection conducted on July
24, 2013, revealed that KCID did not have current EAS State Plan and
the EAS Operating Handbook. The agent also observed that KCID's
Encoder/Decoder model Sage ENDEC was not connected to the internet to
monitor the Common Alert Protocol (CAP) messages. In addition, KCID
did not have the 2^nd Quarter Issues and Programs lists in the Public
Inspection File, the Chief Operator Designation in writing, and the
annual Equipment Performance Measurements.
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, Salt & Light, 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 Salt & Light
to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Salt and Light with personal knowledge of the
representations provided in Salt & Light'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
Portland Resident Agent Office
PO Box 61469
Vancouver, WA 98666-1469
7. This Notice shall be sent to Salt & Light Radio, Inc. at the 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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 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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Federal Communications Commission