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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
1 Chronicles 14, LP ) File Nos.: EB-FIELDSCR-14-00015083
Licensee of Stations KVRP (AM) and KVRP-FM ) EB-FIELDSCR-14-00015085
)
) NOV No.: V201432500031
Stamford and Haskell, Texas )
) Facility IDs: 57475, 57464
NOTICE OF VIOLATION
Released: May 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 1 Chronicles 14, LP, licensee
of Stations KVRP (AM) and KVRP-FM in Stamford and Haskell, Texas,
respectively. 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 April 7, 2014, an agent of the Enforcement Bureau's Dallas Office
inspected Station KVRP located at 1406 North 1^st Street, Texas
79521, and observed the following violation(s):
a. 47 C.F.R. S 11.52(d)(2): "Emergency Alert System (EAS) participants
must comply with the following monitoring requirement: With respect
to monitoring EAS messages formatted in accordance with the
specifications set forth in S 11.56(a)(2), EAS Participants' EAS
equipment must interface with the Federal Emergency Management
Agency's Integrated Public Alert and Warning System (IPAWS) to
enable... the distribution of Common Alert Protocol (CAP)-formatted
alert messages from the IPAWS system to EAS Participants' EAS
equipment." Co-owned and co-located Stations KVRP(AM) and KVRP-FM
share EAS equipment. Although the stations had installed CAP EAS
equipment, at the time of inspection, the Chief Operator of the
stations did not know how to operate the EAS system, so the agent
could not verify that the EAS equipment would interface with IPAWS.
b. 47 C.F.R. S 73.1820(a)(1)(iii): Station log. All stations: "An entry
of each test and activation of the Emergency Alert System (EAS)
pursuant to the requirement of part 11 of this chapter and the EAS
Operating Handbook. Stations may keep EAS data in a special EAS log
which shall be maintained at a convenient location; however, this log
is considered a part of the station log." At the time of inspection,
neither Station KVRP (AM) or KVRP-FM had an EAS log or other station
log listing each test and activation of the EAS. Information pulled
from the Chief Operator's emails showed that the stations had
transmitted multiple EAS tests within the past six months, but there
was no consolidated log or list of EAS tests.
c. 47 C.F.R. S 73.3526: "Every permittee or licensee of an AM, FM, or TV
station in the noncommercial educational broadcast services shall
maintain a public inspection file . . . . The file shall be available
for public inspection at any time during regular business hours." The
public inspection files for both stations made available during the
inspection were missing the station license application, contour map,
and ownership report. The Chief Operator stated that the rest of the
public inspection files were maintained in San Antonio.
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.
Therefore1 Chronicles 14, LP 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 1 Chronicles
14, LP to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of 1 Chronicles 14, LP with personal knowledge of
the representations provided in 1 Chronicles 14, LP'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 1 Chronicles 14, LP 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
3
Federal Communications Commission