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

In the Matter of	)
	)
Winton Road Broadcasting Co., LLC	)                    File No.:  EB-FIELDWR-13-00012981 Licensee of Station KPTE (FM)	)
	)	          NOV No.:  V201432800022
Durango, CO	)
	)	                          Facility ID:  8779


NOTICE OF VIOLATION

	     Released:  March 20, 2014

By the District Director, Denver 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 Winton Road Broadcasting Co., LLC (Winton Road), licensee of radio station KPTE (FM) serving Durango, CO.  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 December 12, 2013, an agent of the Enforcement Bureau's Denver Office inspected radio station KPTE (FM) located at 1911 Main Ave., Suite 100, Durango, CO, 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, the logs for KPTE had no entry of receipt or transmission of required monthly tests for the months of September, October, and November 2013.  The station logs failed to show explanations by the Chief Operator for why these tests were not received and retransmitted.
 
  + 47 C.F.R. § 11.52(d)(1):  "With respect to monitoring for EAS messages that are formatted in accordance with the EAS Protocol, EAS Participants must monitor two EAS sources.  The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.  They are developed in accordance with FCC monitoring priorities."  At the time of the inspection, KPTE's equipment was monitoring only one source.  The source was not one of the monitoring assignments specified for Local Area 9 (Mesa Verde) within the Colorado State EAS Plan. 

* 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, Winton Road 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 Winton Road to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Winton Road with personal knowledge of the representations provided in Winton Road'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
Denver Office
P.O. Box 25446
One Denver Federal Center  -  Building 1A
Lakewood, CO  80225

* This Notice shall be sent to Winton Road Broadcasting Co., LLC, 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




Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau