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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-FIELDSCR-14-00014645


   Unido Para Cristo, Inc. ) NOV No.: V201432500020

   Licensee of Station KIJN (AM) )

   ) Facility ID: 4931

   Farwell, Texas )



                              NOTICE OF VIOLATION

   Released: April 8,  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 Unido Para Cristo, Inc.,
       licensee of Station KIJN (AM) in Farwell, 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 March 19, 2014, an agent of the Enforcement Bureau's Dallas Office
       inspected Station KIJN (AM) located at Farwell, Texas, and observed
       the following violation(s):

     a. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders and Attention Signal generating and
        receiving equipment used as part of the EAS are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in Sections 11.61(a)(1) and
        (a)(2). Appropriate entries indicating reasons why any tests were not
        received or sent 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, when the
        station was in operation, the EAS equipment for KIJN (AM)  was
        powered on but was not connected to any other equipment. Thus, it
        could neither send nor receive EAS messages, and was not monitoring
        any EAS sources. Moreover, Station KIJN (AM) did not have any EAS
        logs for the last two years.

     b. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
        participants must have deployed operational equipment that is capable
        of the following: (1) Acquiring EAS alert messages in accordance with
        the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
        alert messages that have been formatted pursuant to the Organization
        for the Advancement of Structured Information Standards (OASIS)
        Common Alerting Protocol..." At the time of the inspection, Station
        KIJN (AM) did not have the required equipment to process
        CAP-formatted EAS messages.

     c. 47 C.F.R. S 73.49: Antenna Structures having radio frequency
        potential at the base ... must be enclosed within effective locked
        fences or other enclosures." Individual fences need not be installed
        if the antenna structures are contained within a protective property
        fence. At the time of the inspection, Station KIJN maintained two
        bases fences around two antenna structures, and did not have a
        perimeter property fence. Neither fence was effective. Entire
        sections on one base fence were on the ground or completely missing,
        thereby allowing unrestricted access to the antenna structure base.
        The other base fence was missing several individual pickets, which
        would afford a child unrestricted access to the base.

     d. 47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times,
        or with modes or power, other than those specified and made a part of
        the license, unless otherwise provided in this part." Station KIJN
        (AM) is authorized for daytime operations only. On March 18, 2014, an
        agent of the Dallas Office monitored Station KIJN (AM) and observed
        that the Station continued operation at least two hours after sunset.
        On March 19, 2012, Station KIJM (AM)'s owner admitted that the
        station was transmitting all night.

     e. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
        station log as required by S 73.1820. This log shall be kept by
        station employees competent to do so, having actual knowledge of the
        facts required. All entries, whether required or not by the
        provisions of this part, must accurately reflect the station
        operation. Any employee making a log entry shall sign the log,
        thereby attesting to the fact that the entry, or any correction or
        addition made thereto, is an accurate representation of what
        transpired." At the time of the inspection, the owner of Station KIJN
        (AM) was unable to provide the FCC agent with a station log for KIJN
        (AM) and admitted that no log was being maintained.

     f. 47 C.F.R. S 73.1870(b)(3): "The designation of the chief operator
        must be in writing with a copy of the designation posted with the
        station license." At the time of the inspection, there was no written
        designation of the chief operator.

     g. 47 C.F.R. S 73.3527(e)(1): "A copy of the current FCC authorization
        to construct or operate the station, as well as any other documents
        necessary to reflect any modifications thereto or any conditions that
        the FCC has placed on the authorization. These materials shall be
        retained until replaced by a new authorization, at which time a copy
        of the new authorization and any related materials shall be placed in
        the file." At the time of the inspection, the current station license
        was not available at the station.

     h. 47 C.F.R. S 73.3527(e)(4): "A copy of the most recent, complete
        ownership report filed with the FCC for the station, together with
        any subsequent statement filed with the FCC certifying that the
        current report is accurate, and together with all related material".
        At the time of the inspection, Station KIJN (AM) did not have the
        most recent ownership report in its public inspection file.

     i. 47 C.F.R. S 73.3527(e)(8): "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 KIJN (AM) 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, Unido Para Cristo, Inc.  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 Unido Para
       Cristo, Inc.  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Unido Para Cristo, Inc.  with personal knowledge
       of the representations provided in Unido Para Cristo, Inc'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, Texas 75243

    7. This Notice shall be sent to Unido Para Cristo, Inc. 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