Click here for Adobe Acrobat version
Click here for Microsoft Word version

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-14-00015203


   Tejas Broadcasting LTD., LLP ) NOV No.: V201432500025

   Licensee of Stations KBZD, KQFX, KTNZ, KZIP ) Facility ID: 16415, 31462,
   33449, 61033


   Amarillo, Texas )



                              NOTICE OF VIOLATION

   Released: May 1, 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 Tejas Broadcasting LTD., LLP,
       licensee of radio stations KBZD, KQFX, KTNZ (AM), and KZIP (AM) in
       Amarillo, 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 18, 2014, an agent of the Enforcement Bureau's Dallas Office
       inspected the shared main studio for Stations KBZD, KQFX, KTNZ (AM),
       and KZIP (AM) located in Amarillo, Texas, and observed the following

     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 . . ." Stations KBZD, KQFX, KTNZ (AM), and KZIP
        (AM) are co-located and co-owned stations sharing EAS equipment. At
        the time of the inspection, when the all of the stations were in
        operation, the EAS equipment for Station KTNZ (AM)  was operational
        but was not properly installed to send the required weekly tests
        (RWTs) for Stations KBZD, KQFX and KZIP (AM).  Moreover, Stations
        KBZD, KQFX, KTNZ (AM), and KZIP (AM) did not have any EAS logs for
        the last two years. According to the printouts from the EAS
        equipment, Station KTNZ (AM) received but did not send multiple RWTs,
        and required monthly and CAP tests over the three months prior to the
        inspection. Station KTNZ (AM) had no explanation for why the required
        tests had been sporadically missed.

    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, Tejas Broadcasting LTD., LLP 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 Tejas
       Broadcasting LTD., LLP to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Tejas Broadcasting LTD., LLP with personal
       knowledge of the representations provided in Tejas Broadcasting LTD.,
       LLP'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 Tejas Broadcasting LTD., LLP 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.


   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