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                                  Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of	)
	)
Radio Fiesta Network, LLC	)                    File No.: EB-FIELDWR-14-00015566
Licensee of Station KFIR	)
	)                    NOV No.: V201432920044
	)	
Sweet Home, Oregon	)	   Facility ID: 23024

NOTICE OF VIOLATION

	Released:  May 15, 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 Radio Fiesta Network, LLC (Radio Fiesta),  licensee of radio station KFIR in Sweet Home, 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 May 6, 2014, agents of the Enforcement Bureau's Portland Office inspected radio station KFIR  located at 28041 Pleasant Valley Road, Sweet Home, Oregon, and observed the following violations:

  + 47 C.F.R. § 73.49: "Antenna towers having radio frequency potential at the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures. Ready access must be provided to each antenna tower base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence."  During the inspection conducted on May 6, 2014, the FCC inspecting agents observed that the base of the wooden post supporting the northwest section of the KFIR antenna tower's fence was rotten. This section of the fence was leaning and ready to fall.

  + 47 C.F.R. § 11.15: "The EAS Operating Handbook states in summary form the actions to be taken by personnel at EAS Participant facilities upon receipt of an EAN, an EAT, tests, or State and Local Area alerts. It is issued by the FCC and contains instructions for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions."  At the time of the inspection, KFIR did not have a copy of the Handbook available at the normal duty positions or at the EAS equipment locations.

  + 47 C.F.R. § 73.1870(b)(3) : " The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, KFIR did not have the chief operator designation posted.

* 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, Radio Fiesta 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 Radio Fiesta to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Radio Fiesta with personal knowledge of the representations provided in Radio Fiesta'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 Radio Fiesta Network, LLC 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