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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
DFW Broadcasting, Inc. ) File No.: EB-FIELDSCR-13-00006934
Licensee of Station KZFW-LP ) NOV No.: V201332500041
) Facility ID: 5316
Dallas, Texas )
)
NOTICE OF VIOLATION
Released: March 25, 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 DFW Broadcasting, Inc., licensee
of Low Power TV Station KZFW-LP in Dallas, 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 February 20, 2013, an agent of the Enforcement Bureau's Dallas
Office inspected the transmitter site and the station record file for
Station KZFW-LP, located in Dallas, Texas, and observed the following
violation(s):
a. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and
receiving equipment, and Intermediate Devices used as part of the EAS
to decode and/or encode messages formatted in the EAS Protocol and/or
the Common Alerting Protocol are installed so that the monitoring and
transmitting functions are available during the times the stations
and systems are in operation. Additionally, EAS Participants must
determine the cause of any failure to receive the required tests or
activations specified in S 11.61(a)(1) and (2). Appropriate entries
indicating reasons why any tests were not received must be made in
the broadcast station log as specified in SS 73.1820 and 73.1840 of
this chapter for all broadcast streams...." At the time of the
inspection, DFW Broadcasting, Inc. did not have any EAS (Emergency
Alert System) equipment installed for Station KZFW-LP and did not
have any EAS logs.
b. 47 C.F.R. S 74.750(d)(2): "Low power TV, TV translator and
transmitting equipment using a modulation process for either program
origination or rebroadcasting TV booster transmitting equipment using
a modulation process must meet the following requirements: . . . (2)
The stability of the equipment shall be sufficient to maintain the
operating frequency of the aural carrier to 4.5 MHz+-1kHz above the
visual carrier when subjected to variations in ambient temperature
between 30-oand + 50-o centigrade and variations in power main
voltage between 85 and 115 percent of rated power supply voltage." At
the time of inspection, Station KZFW-LP was not transmitting a visual
carrier. The low power television station was only transmitting
audio.
c. 47 C.F.R. S 74.765(a): "The station license and any other instrument
of authorization or individual order concerning the construction of
the station or manner of operation shall be kept in the station
record file so as to be available for inspection upon request of
authorized representatives of the FCC." At the time of the
inspection, no station license renewal authorization was found in the
station record file.
d. 47 C.F.R. S 74.765(b): "The call sign of the station, together with
the name, address, and telephone number of the licensee, if the
licensee does not reside in the community served by the station, and
the name and address of the person and where the station records are
maintained, shall be displayed at the transmitter site on the
structure supporting the transmitting antenna, so as to be visible to
a person standing on the ground. The display shall be maintained in
legible condition by the licensee". At the time of the inspection,
the agent observed that the required sign was not posted.
e. 47 C.F.R. S 74.769: "The licensee or permittee of a station
authorized under this subpart shall have a current copy of Volume I
and Volume III of the Commission's Rules. Each such licensee or
permittee shall be familiar with those rules relating to stations
authorized under this subpart. Copies of the Commission's rules may
be obtained from the Superintendent of Documents, Government Printing
Office, Washington, DC 20402." At the time of the inspection, the
licensee did not have a copy of the Rules. The licensee appeared to
be unfamiliar with the rules relating to Station KZFW-LP.
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, DFW 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.^
5. In accordance with Section 1.16 of the Rules, we direct DFW
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 DFW Broadcasting, Inc. with personal
knowledge of the representations provided in DFW 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 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, Texas 75243
7. This Notice shall be sent to DFW Broadcasting, Inc. 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
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Federal Communications Commission