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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-FIELDSCR-14-00015588
)
CC Licenses, LLC ) NOV No.: V201432500032
Licensee of Stations KTSM(AM), KTSM-FM, ) Facility IDs: 69561, 67762,
67771, 69563,
KHEY(AM), KHEY-FM and KPRR-FM ) 68688
)
El Paso, Texas )
)
NOTICE OF VIOLATION
Released: May 16, 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 CC Licenses, LLC, licensee of
radio stations KTSM(AM), KTSM-FM, KHEY(AM), KHEY-FM and KPRR-FM in El
Paso, 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 April 29, 2014, an agent of the Enforcement Bureau's Dallas Office
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." Stations KTSM(AM), KTSM-FM, KHEY(AM), KHEY-FM and
KPRR-FM are co-located and co-owned stations sharing EAS equipment in
El Paso, Texas. At the time of the inspection, when all of the
stations were in operation, the stations had new CAP-formatted
equipment installed in the rack, but the equipment was not connected
to any other equipment and was not operational.
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, CC Licenses, LLC 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 CC Licenses,
LLC to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of CC Licenses, LLC with personal knowledge of the
representations provided in CC Licenses, LLC'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 CC Licenses, LLC 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
2
Federal Communications Commission