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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Gospel American Network ) File No.: EB-FIELDSCR-12-00004368
Licensee of Station KKVI-FM )
) NOV No.: V20143250011
Overland, TX )
) Facility ID: 173765
)
NOTICE OF VIOLATION
Released: March 14, 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 Gospel American Network,
licensee of Station KKVI-FM in Overland , 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 January 14, 2014, agents of the Enforcement Bureau's Dallas Office
inspected the main studio of Station KKVI-FM located at Garland,
Texas, and observed the following violation(s):
a. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Section 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams..." At the time of the inspection,
there were no entries in KKVI-FM logs indicating why sporadic
required weekly tests (RWTs) had not been received over the three
months prior to the inspection.
b. 47 C.F.R. S 73.1125(a): "Except for those stations described in
paragraph (b) of this section, each AM, FM, and TV broadcast station
shall maintain a main studio at one of the following locations: (1)
Within the station's community of license; (2) At any location within
the principal community contour of any AM, FM, or TV broadcast
station licensed to the station's community of license; or (3) Within
twenty-five miles from the reference coordinates of the center of its
community of license as described in S 73.208(a)(1)." At the time of
the inspection, Station KKVI-FM had a `main studio' located in the
second floor of Alpha Charter School in Garland, Texas. Station
KKVI-FM's main studio is at least fifty four miles from its community
of license and does not meet any of the above-listed location
criteria.
c. 47 C.F.R. S 73.1350: "Each licensee is responsible for maintaining
and operating its broadcast station in a manner which complies with
the technical rules set forth elsewhere in this part and in
accordance with the terms of the station authorization." According to
Station KKVI-FM's station authorization, its transmitter is
authorized to be located at 33-o 04' 00.00" N, 95DEG 46' 10.00" W. At
the time of the inspection, Station KKVI-FM's transmitter was located
at 33DEG 3' 46.41" N, 95DEG 45' 46.57" W, approximately 0.48 miles
from the authorized coordinates.
d. 47 C.F.R. 73.1740(a)(4): "In the event that causes beyond the control
of a licensee make it impossible to adhere to the operating schedule
of this section or to continue operating, the station may limit or
discontinue operation for a period of not more than 30 days without
further authority from the FCC. Notification must be sent to the FCC
in Washington, DC not later than the 10th day of limited or
discontinued operation. ... If causes beyond the control of the
licensee make it impossible to comply with the allowed period,
informal written request shall be made to the FCC no later than the
30th day for such additional time as may be deemed necessary." At the
time of inspection, Station KKVI-FM had temporarily discontinued
operations. The Station Chief Operator stated that the station had
been off the air since the Winter Storm back in December, 2013 which
happened on Friday, December 6, 2013. There was no record that Gospel
American Network notified the FCC of its temporary discontinuance of
operations.
e. 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.... [U]pon completion of the review, the chief operator or
his designee must date and sign the log...." At the time of
inspection, there was no indication that the EAS logs were being
reviewed by the chief operator.
f. 47 C.F.R. S 73.3527(e)(8)(i): "For non-exempt noncommercial
educational broadcast stations, every three months a list of programs
that have provided the station's most significant treatment of
community issues during the preceding three month period. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter... The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application". At the time of the inspection,
Station KKVI-FM did not have any issues-programs listings in its
public inspection file.
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, Gospel American Network 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 Gospel
American Network to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Gospel American Network with personal
knowledge of the representations provided in Gospel American Network'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, TX, 75243
7. This Notice shall be sent to Gospel American Network 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