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

In the Matter of	)
	)
Bustos Media Holdings, LLC	)                  File No.:  EB-FIELDWR-14-00014380
Licensee of Station KQRR	)
	)	NOV No.: V201432920023	
	)
Mount Angel, Oregon	)	Facility ID: 160794



NOTICE OF VIOLATION

	Released: March 20, 2014

By the Resident Agent, Portland 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 Bustos Media Holdings, LLC (Bustos), licensee of radio station KQRR in Mount Angel, Oregon.  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.

* On March 13, 2014, agents of the Enforcement Bureau's Portland Office inspected radio station KQRR located at 5110 SE Stark Street, Portland, Oregon, and observed the following violations:

  + 47 C.F.R. § 11.21(a):  "...If a state's emergency alert system is capable of initiating EAS messages formatted in the Common Alerting Protocol (CAP), its State EAS Plan must include specific and detailed information describing how such messages will be aggregated and distributed to EAS Participants within the state, including the monitoring requirements associated with distributing such messages."  During the inspection conducted on March 13, 2014, the inspecting agents noted that KQRR did not have the EAS State Plan.
 
  + 47 C.F.R. § 11.15:  "The EAS Operating Handbook states in summary form the actions to be taken by personnel at EAS Participant facilities upon receipt of an EAN, an EAT, tests, or State and Local Area alerts. It is issued by the FCC and contains instructions for the above situations.  A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions."  During the inspection conducted on March 13, 2014, the agents observed that KQRR did not have the EAS Operating Handbook at the normal duty position or at the EAS equipment location.

* 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, Bustos 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 Bustos to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Bustos with personal knowledge of the representations provided in Bustos' 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
Portland Office
PO Box 61469
Vancouver, WA 98666-1469


* This Notice shall be sent to Bustos Media Holdings, LLC at the 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




Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau