Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Cochise Broadcasting LLC ) File No.:   EB-FIELDSCR-13-00010408

   Licensee of Station KOMJ ) NOV No.: V201332560032

   ) Facility ID: 74104

   Omaha, NE )

                              NOTICE OF VIOLATION

   Released: August 14, 2013

   By the District Director, Kansas City  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 Cochise Broadcasting LLC,
       licensee of Station KOMJ in Omaha, Nebraska.  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 August 1, 2013, an agent of the Enforcement Bureau's Kansas City
       Office attempted to inspect Station KOMJ located in Omaha, NE, and
       observed the following violation(s):

     a. 47 C.F.R. S 73.1125(a):  "...each AM, FM and TV broadcast station
        shall maintain a main studio at one of the following locations: (1)
        Within the station's community of license; (2) At any location within
        the principal community contour of any AM, FM, or TV broadcast
        station licensed to the station's community of license; (3) Within
        twenty-five miles from the reference coordinates of the center of its
        community of license..."  On August 1, 2013, an agent from the Kansas
        City Office attempted to inspect Station KOMJ's main studio, while
        the Station was on the air. The Station's webpage contains no main
        studio address and only lists a local phone number, which transfers
        to voice mail for stations located in the state of Arizona. The
        Station's address of record is a mail box in the state of Wyoming,
        and the phone number of record connects to an attorney located in
        Virginia. On August 1, 2013, the agent attempted to reach the Station
        at the local phone number listed on its webpage, but the agent's
        voicemail messages were not returned. The attorney listed as the
        point of contact for the Station stated that the main studio was
        located at 10714 Mockingbird Dr., Omaha, Nebraska. However, this
        location is the main studio for the Journal Broadcast Group stations
        in Omaha. The staff for the Journal Broadcast Group stations stated
        that Station KOMJ's main studio was not located at 10714 Mockingbird
        Dr. and that no one associated with Station KOMJ worked at the
        location. The agent from the Kansas City Office was unable to locate
        any main studio for Station KOMJ.

     b. 47 C.F.R. S 73.3526: "(a) Responsibility to maintain a file, The
        following shall maintain for public inspection a file containing the
        material set forth in this section...(2) Every permittee or licensee
        of an AM, FM, TV or Class A TV station in the commercial broadcast
        services shall maintain a public inspection file . . . (c)(1) The
        file shall be available for public inspection at any time during
        regular business hours." On August 5, 5013, an agent from the Kansas
        City Office was told by the contact for the Station that KOMJ's
        public inspection file was located at 10714 Mockingbird Dr. The agent
        telephoned the business located at that address. The staff there, who
        worked for the Journal Broadcast Group, was unaware of the location
        of Station KOMJ's public inspection file and was unable to make it
        available. The staff eventually determined that Cochise Broadcasting
        LLC rented space at 10714 Mockingbird Dr., but was unable to
        elaborate further.

    3. 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, Cochise Broadcasting LLC 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.^

    4. In accordance with Section 1.16 of the Rules, we direct Cochise
       Broadcasting LLC to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Cochise Broadcasting LLC with personal
       knowledge of the representations provided in Cochise Broadcasting
       LLC'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.^

    5. 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

   Kansas City Office

   520 NE Colbern Rd., 2^nd Floor

   Lees Summit, MO 64086

    6. This Notice shall be sent to Cochise Broadcasting LLC at its address
       of record.

    7. 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.


   Ronald D. Ramage

   District Director

   Kansas City  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. 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


                       Federal Communications Commission