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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kansas Radio, Inc. ) File No.: EB-FIELDSCR-13-00012051
Licensee of Station KANS )
) NOV No.: V201432560001
Emporia, Kansas ) Facility ID: 41542
NOTICE OF VIOLATION
Released: November 13, 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 Kansas Radio, Inc., licensee of
Station KANS in Emporia, Kansas. 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 October 30, 2013, an agent of the Enforcement Bureau's Kansas City
Office inspected Station KANS located at 918 Graham St, Emporia, KS
66801, and observed the following violation(s):
a. 47 C.F.R. S 11.52(d)(2): "Emergency Alert System (EAS) participants
must comply with the following monitoring requirement: With respect
to monitoring EAS messages formatted in accordance with the
specifications set forth in S 11.56(a)(2), EAS Participants' EAS
equipment must interface with the Federal Emergency Management
Agency's Integrated Public Alert and Warning System (IPAWS) to
enable............... the distribution of Common Alert Protocol
(CAP)-formatted alert messages from the IPAWS system to EAS
Participants' EAS equipment." At the time of inspection, Station
KANS'EAS equipment did not have an interface with the Federal
Emergency Management Agency's IPAWS.
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, Kansas Radio, 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 Kansas Radio,
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 Kansas Radio, Inc. with personal knowledge of
the representations provided in Kansas Radio, 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
Kansas City Office
520 NE Colbern Road
2^nd Floor
Lee's Summit, MO 64086
7. This Notice shall be sent to Kansas Radio, 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
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
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Federal Communications Commission