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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KRIZ Broadcasting, Inc. ) File No.: EB-FIELDWR-13-00010095
Licensee of Radio Station KRIZ(AM) ) NOV No.: V201332980020
)
Seattle, Washington ) Facility ID: 35549
NOTICE OF VIOLATION
Released: August 9, 2013
By the Acting District Director, Seattle 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 KRIZ Broadcasting, Inc.,
licensee of AM station KRIZ in Seattle, Washington. 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 noted herein.^
2. On June 25, 2013, an agent of the Enforcement Bureau's Seattle Office
inspected station KRIZ at its main studio at 2600 S. Jackson Street,
Seattle, Washington. The agent observed the following violation:
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 containing the material, relating to
that station, described in paragraphs (e)(1) through (e)(10) and paragraph
(e)(13) of this section. In addition, every permittee or licensee of a
commercial TV or Class A TV station shall maintain for public inspection a
file containing material, relating to that station, described in
paragraphs (e)(11) and (e)(15) of this section, and every permittee or
licensee of a commercial AM or FM station shall maintain for public
inspection a file containing the material, relating to that station,
described in paragraphs (e)(12) and (e)(14) of this section. A separate
file shall be maintained for each station for which an authorization is
outstanding, and the file shall be maintained so long as an authorization
to operate the station is outstanding." During the inspection on June 25,
2013, there was no public file available with any of the required records.
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, KRIZ Broadcasting, Inc., 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 KRIZ
Broadcasting, Inc., to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of KRIZ Broadcasting, Inc., with personal
knowledge of the representations provided in KRIZ Broadcasting, Inc..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 regulatee'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
Seattle District Office
11410 NE 122^nd Way, Suite 312
Kirkland, Washington 98034
6. This Notice shall be sent to KRIZ Broadcasting, Inc., 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
Leo Cirbo
Acting District Director
Seattle District 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