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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pacific Cascade Communications Corporation ) File No.:
EB-FIELDWR-13-00010976
Licensee of Station KGRV )
) NOV No.: V201332920020
Winston, Oregon )
) Facility ID: 51181
NOTICE OF VIOLATION
Released: September 12, 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 Pacific Cascade Communications
Corporation (Pacific Cascade), licensee of radio station KGRV in
Winston, Oregon. 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 30, 2013, an agent of the Enforcement Bureau's Portland
Office inspected radio station KGRV located at 196 S.E. Main Street,
Winston, Oregon, and observed the following violation(s):
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 August 30, 2013, the inspecting
agent noted that KGRV's EAS State Plan was outdated and did not
contain information concerning the Common Alert Protocol.
b. 47 C.F.R. S 11.15: "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." KGRV
could not produce the EAS Operating Handbook during an inspection
conducted on August 30, 2013.
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.
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, Pacific Cascade, 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 Pacific
Cascade to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Pacific Cascade with personal knowledge of the
representations provided in Pacific Cascade' 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 Pacific Cascade Communications
Corporation 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