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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Cesar Chavez Foundation	)                File No. EB-FIELDWR-14-00013561
Licensee of Station KNAI	)                NOV No. V201432940022
	)                
Phoenix, Arizona	)                Facility ID No.: 47667


NOTICE OF VIOLATION

	
	Released:  March 6, 2014 

By the District Director, San Diego Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules), to Cesar Chavez Foundation (Chavez Foundation), licensee of radio station KNAI in Phoenix, Arizona. 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.

* On January 29, 2014, an agent of the Enforcement Bureau's San Diego Office inspected radio station KNAI's main studio located at 1440 E. Washington Street, Phoenix, Arizona, and observed the following violations:

  + 47 C.F.R. § 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in §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 §§73.1820 and 73.1840 of this chapter for all broadcast streams ...."  At the time of the inspection, there were no entries explaining why required weekly tests were not received for the station's monitoring assignment KTAR from October 13 to November 23, 2013 and from December 8, 2013 to January 25, 2014.  The station logs failed to show explanations by the Chief Operator for why these tests were not received.

  + 47 C.F.R.  § 11.51(m)(2): "EAS messages with the EAN event code must be transmitted immediately and Monthly EAS test messages within 60 minutes."  At the time of inspection, entries showed EAS required monthly tests (RMTs) were not aired within 60 minutes for October 2013 through January 2014. 


* 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.  

* 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, the Chavez Foundation, 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.  

* In accordance with Section 1.16 of the Rules, we direct the Chavez Foundation to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of the Chavez Foundation, with personal knowledge of the representations provided in the Chavez Foundation'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.  

* 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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA  92111

* This Notice shall be sent to Cesar Chavez Foundation at its address of record.  

* 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 T. Lyon
District Director 
San Diego Office
Western Region
Enforcement Bureau