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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
)
Silver State Broadcasting, LLC )
File No. EB-FIELDWR-16-0021527
Licensee of Station KFRH )
North Las Vegas, CA ) NOV No. V2016323900007
NOTICE OF VIOLATION
Released: May 13, 2016
By the Acting District Director, Los Angeles Office, Region 3, Enforcement
Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Silver State Broadcasting, LLC,
licensee of station KFRH, North Las Vegas, Nevada. 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 April 19, 2016, in response to a complaint, agents from the
Enforcement Bureau's Los Angeles Office conducted on scene monitoring
of station KFRH. The monitoring revealed that station KFRH exceeded
110 percent modulation on peaks of frequent reoccurrence. The following
violation was observed:
47 C.F.R. ยง 73.1570(b)(2)(ii): "FM stations. In no
event may the modulation of the carrier exceed 110 percent
(82.5 kHz peak deviation)." At the time of monitoring,
the agents observed that Radio Station KFRH exceeded 85
kHz deviation on peaks of frequent reoccurrence.
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, Silver State
Broadcasting, 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.
In accordance with Section 1.16 of the Rules, we direct Silver State
Broadcasting, 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 Silver State Broadcasting, LLC, with personal
knowledge of the representations provided in Silver State 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
Los Angeles Office
18000 Studebaker Rd., Rm. 660
Cerritos, California 90703
This Notice shall be sent to Silver State 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.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
Acting District Director
Los Angeles Office
Enforcement Bureau