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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

    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

     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

     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

    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.


   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


                       Federal Communications Commission