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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KCCS, LLC ) File No.: EB-FIELDWR-14-00014884
Licensee of Station KPJC )
) NOV No.: V201432920028
)
Salem, Oregon ) Facility ID: 10963
NOTICE OF VIOLATION
Released: April 17, 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 KCCS, LLC (KCCS), licensee of radio station KPJC in Salem, 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 April 1, 2014, agents of the Enforcement Bureau's Portland Office inspected radio station KPJC located at 3190 Lancaster Drive, NE, Salem, Oregon, and observed the following violations:
+ 47 C.F.R. § 73.1590(a)(6): The licensee of each AM, FM, TV and Class A TV station, except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter annually, for AM stations, with not more than 14 months between measurements. At the time of inspection, KPJC produced its last equipment performance measurement, performed in 2004.
+ 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in §11.35(a) and 11.54(a)(3)." KPJC did not EAS CAP-formatted entries in the station's EAS logs from March 1, 2014 through March 31, 2014.
* 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. We also must investigate violations of other rules that apply to broadcast licensees.
* 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, KCCS, 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 KCCS to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of KCCS with personal knowledge of the representations provided in KCCS'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
Portland Office
P.O. Box 61469
Vancouver, WA 98666-1469
* This Notice shall be sent to KCCS, 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
Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau