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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
La Voz Broadcasting Co., Inc. ) File
No. EB-FIELDWR-13-00016317
Licensee of Station KSWV ) NOV No. V201432940049
)
Santa Fe, New Mexico ) Facility ID # 36194
NOTICE OF VIOLATION
Released: July 10, 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 La Voz Broadcasting Co.,
Inc. (La Voz), licensee of radio station KSWV in Santa Fe, New Mexico.
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 June 18, 2014, an agent of the Enforcement Bureau's San Diego Office
inspected radio station KSWV located at 101 Taos St., Santa Fe, New
Mexico, and observed the following violation:
+ 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant
records, as specified in § 11.35(a) and 11.54(a)(3)." KSWV did not
have EAS CAP-formatted entries from March 2 through June 14, 2014.
* 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,
La Voz 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 La Voz to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of La
Voz with personal knowledge of the representations provided in La Voz'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 regulatee'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., #370
San Diego, CA 92111
* This Notice shall be sent to La Voz Broadcasting Co., 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