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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Liberman Broadcasting, Inc. ) File No.: EB-FIELDSCR-13-00012601
Licensee of Station KZMP-FM )
) NOV No.: V20143250010
Irving, Texas ) Facility ID: 15854
NOTICE OF VIOLATION
Released: January 29, 2014
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 Liberman Broadcasting, Inc.,
licensee of Station KZMP-FM in Irving, 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 November 23, 2013, an agent of the Enforcement Bureau's Dallas
Office inspected Station KZMP-FM located at 2410 Gateway Drive,
Irving, Texas 75063, 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
KZMP-FM's EAS equipment did not have an interface with the Federal
Emergency Management Agency's IPAWS.
b. 47 C.F.R. S 73.1870 (c)(3): "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, the chief
operator had not reviewed nor signed the EAS log.
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, Liberman 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 Liberman
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 Liberman Broadcasting, Inc. with personal
knowledge of the representations provided in Liberman 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 Liberman 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