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

In the Matter of	)
Baca Broadcasting, LLC	)		 File No. EB-FIELDWR-14-00016260
Licensee of Station KFUN	)		 NOV No. V201432940051
Las Vegas, New Mexico	)		 Facility ID No.: 34442


	Released:  July 10, 2014

By the District Director, San Diego Office, Western Region, Enforcement

* This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules), to Baca Broadcasting, LLC
(Baca Broadcasting), licensee of radio station KFUN 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 16, 2014, an agent of the Enforcement Bureau's San Diego
Office inspected radio station KFUN's main studio located in Las Vegas,
New Mexico, and observed the following violations:

  + 47 C.F.R. § 11.35(a): "EAS Participants must determine the cause
  of any failure to receive the required tests or activations specified
  in §11.61(a)(1) and (2). Appropriate entries indicating reasons why
  any tests were not received must be made in the broadcast station
  log as specified in §§73.1820 and 73.1840 of this chapter for all
  broadcast streams ...."  At the time of the inspection, there were
  no entries explaining why required monthly tests were not received
  and transmitted from March to June 2014.  The station logs failed to
  show explanations by the Chief Operator for why these tests were not
  received and transmitted.

  + 47 C.F.R.  § 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 KFUN 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,
Baca Broadcasting 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 Baca
Broadcasting to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Baca Broadcasting, with personal knowledge
of the representations provided in Baca Broadcasting'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 Baca Broadcasting, 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.


James T. Lyon
District Director
San Diego Office
Western Region
Enforcement Bureau