******************************************************** 
                      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	)
	)
Stereo 97, Inc.	)                File No. EB-FIELDWR-14-00014885
Licensee of Station KAVV	)                NOV No. V201432940040
	)                
Benson, AZ	)                Facility ID No.: 63338


NOTICE OF VIOLATION

	
	Released:  May 1, 2014

By the District Director, San Diego 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 Stereo 97, Inc. (Stereo 97), licensee of radio station KAVV in Benson, Arizona. 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 violations noted herein.

* On March 24, 2014, an agent of the Enforcement Bureau's San Diego Office inspected radio station KAVV's main studio located at Benson, Arizona, and observed the following violations:

  + 47 C.F.R. § 11.35(a): "EAS Participants are responsible for ensuring that EAS encoders, EAS decoders, Attention Signal generating and receiving equipment, and Intermediate Devices used as part of the EAS to decode and/or encode messages formatted in the EAS Protocol and/or Common Alert Protocol 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 §11.61(a)(1) and (2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in §§73.1820 and 73.1840 of this chapter for all broadcast streams ...."  At the time of the inspection, there were no entries to indicate whether the EAS equipment was functioning properly prior to March 4, 2014, as there were no entries before that date for Required Monthly Tests (RMTs) received or transmitted, Required Weekly Tests (RWTs) sent by KAVV or RWTs received from assigned monitoring assignments KRQQ and NWS. The station logs did not have entries by the station's Chief Operator explaining why RMTs and RWTs were not received or transmitted before March 4, 2014.

  + 47 C.F.R. § 73.3526(e): Contents of the Public Inspection File (e)(4): "A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location must be placed in the public inspection file.  These documents shall be retained for as long as they reflect current, accurate information regarding the station." . . .  (e)(5): "A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together will all related material shall be placed in the public inspection file.  These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file." . . . (e)(12): "For commercial  AM and FM 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 must be in the public inspection file."  At the time of the inspection, the public inspection file did not contain a contour map, the most recent ownership report, or the most recent quarter (fourth quarter 2013) of the issues/programs list.  

* 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, Stereo 97 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 Stereo 97 to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Stereo 97 with personal knowledge of the representations provided in Stereo 97'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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA  92111

* This Notice shall be sent to Stereo 97, 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


James T. Lyon
District Director 
San Diego Office
Western Region
Enforcement Bureau