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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Santiam Community Radio Corporation ) File No.: EB-FIELDWR-14-00015381
Licensee of Station KPIK-LP )
) NOV No.: V201432920039
)
Stayton, Oregon ) Facility ID: 133093
NOTICE OF VIOLATION
Released: May 1, 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 Santiam Community Radio Corporation (Santiam), licensee of radio station KPIK-LP in Stayton, 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 28, 2014, agents of the Enforcement Bureau's Portland Office inspected radio station KPIK-LP located in Stayton, Oregon, and observed the following violation:
+ 47 C.F.R. ยง 11.21(a): "If a state's emergency alert system is capable of initiating EAS messages formatted in Common Alerting Protocol (CAP), its State Plan must include specific and detailed information describing how much messages will be aggregated and distributed to EAS Participants within the state, including the monitoring requirements associated with distributing such message." At the time of the inspection, KPIK-LP could not produce a copy of the EAS State Plan.
* 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, Santiam 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 Santiam to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Santiam with personal knowledge of the representations provided in Santiam'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 Santiam Community Radio Corporation, Inc. 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