Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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
Bureau:
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
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
5
Federal Communications Commission