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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-FIELDSCR-13-00009707
)
SIGA Broadcasting Corporation ) NOV No.: V201332500068
)
Licensee of Station KFJZ ) Facility ID: 23138
)
Fort Worth, Texas )
NOTICE OF VIOLATION
Released: August 19, 2013
By the District Director, Dallas 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 SIGA Broadcasting Corporation,
licensee of AM Station KFJZ in Fort Worth, 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 August 5, 2013, an agent of the Enforcement Bureau's Dallas Office
inspected Station KFJZ's main studio and transmitter site in Fort
Worth, TX, and observed the following violation(s):
a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted [Emergency Alert System] EAS messages. (a) On or by
June 30, 2012 EAS participants must have deployed operational
equipment that is capable of the following: (1) Acquiring EAS alert
messages in accordance with the monitoring requirements in S
11.52(d)(2); (2) Converting EAS alert messages that have been
formatted pursuant to the Organization for the Advancement of
Structured Information Standards (OASIS) Common Alerting Protocol..."
At the time of inspection, Station KFJZ did not have the required
CAP-formatted EAS equipment installed.
b. 47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times,
or with modes or power, other than those specified and made a part of
the license, unless otherwise provided in this part." On June 27,
2013, agents monitored Station KFJZ and observed that the Station
continued operation after sunset. Station KFJZ is authorized for
daytime operations only.
c. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for
completion of the following duties . . . Review of the station
records at least once each week to determine if required entries are
being made correctly. Additionally, verification must be made that
the station has been operated as required by the rules or the station
authorization. Upon completion of the review, the chief operator or
his designee must date and sign the log, initiate any corrective
action which may be necessary, and advise the station licensee of any
condition which is repetitive." At the time of inspection, there was
no indication that the EAS logs were being reviewed by the chief
operator.
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.
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, SIGA Broadcasting Corporation 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 SIGA
Broadcasting Corporation to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of SIGA Broadcasting Corporation with
personal knowledge of the representations provided in SIGA
Broadcasting Corporation'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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, TX 75243
7. This Notice shall be sent to SIGA Broadcasting Corporation 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
James D. Wells
District Director
Dallas 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
2
Federal Communications Commission