Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
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 )
)
Board of Regents of New Mexico )
Highlands University ) File No. EB-FIELDWR-14-00016272
Licensee of Station KEDP ) NOV No. V201432940050
Las Vegas, New Mexico ) Facility ID No.: 4281
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 Board of Regents of New Mexico
Highlands University (Highlands University) , licensee of radio station
KEDP in Las Vegas, 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 violations noted herein.
* On June 17, 2014, an agent of the Enforcement Bureau's San Diego Office
inspected radio station KEDP's main studio at 900 University Avenue,
Las Vegas, New Mexico, and observed the following violation:
+ 47 C.F.R. ยง 11.52(d)(2) " With respect to monitoring for EAS
messages that are formatted in accordance with the EAS protocol, EAS
participants must monitor two EAS sources. The monitoring assignments
of each broadcast station... are specified in the State EAS Plan and
FCC Mapbook." At the time of inspection, Station KEDP was unaware it
was not monitoring its required assignments of KOB and KASA-TV until
advised by the San Diego agent.
* 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,
Highlands University 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 Highlands
University to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Highlands University, with personal knowledge
of the representations provided in Highlands University'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
San Diego Office
4542 Ruffner St., Rm. 370
San Diego, CA 92111
* This Notice shall be sent to Board of Regents of New Mexico Highlands
University 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