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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.
FEDERAL COMMUNICATIONS COMMISSION
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
3
Federal Communications Commission