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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rocky III Investments, Inc. ) File No.: EB-FIELDWR-13-00012483 Licensee
of Station KRYD(FM) )
) NOV No.: V201432800013
)
Montrose, CO ) Facility ID.: 57324
NOTICE OF VIOLATION
Released: January 30, 2014
By the District Director, Denver 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 Rocky III Investments, Inc.
(RIII), licensee of radio station KRYD serving Norwood, Colorado.
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 violations noted herein.^
2. On November 20, November 21, and November 22, 2013, an agent of the
Enforcement Bureau's Denver Office attempted to inspected radio
station KRYD located at 475 Water Street, in Montrose, CO, and
observed the following violation:
a. 47 C.F.R. S 73. 1225(a): "The licensee of a broadcast station shall
make the station available for inspection by representatives of the
FCC during the station's business hours, or at any time it is in
operation." On November 20, November 21, and November 22, 2013, the
agent attempted an inspection of KRYD at its Main Studio during
normal business hours (between 9 a.m. and 12:30 p.m.). On each
occasion, the agent found the station locked and the door was not
answered. The agent affixed his business card to the door knob with a
note requesting that station representatives contact his cell phone.
The agent was not contacted by station representatives until over a
week had elapsed.
3. 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, RIII 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.^
4. In accordance with Section 1.16 of the Rules, we direct RIII to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
RIII with personal knowledge of the representations provided in RIII'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.^
5. 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
Denver Office
P.O. Box 25446
One Denver Federal Center - Building 1A
Lakewood, CO 80225
6. This Notice shall be sent to Rocky III Investments, Inc., at its
address of record.
7. 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
Nikki P. Shears
District Director
Denver 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
2
Federal Communications Commission