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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Hispanic Target Media, Inc. ) File No.: EB-FIELDSCR-16-00021796
Licensee of Station KPQP )
) NOV No.: V201632500006
Panhandle, Texas )
) Facility ID: 189483
)
NOTICE OF VIOLATION
Released: August 23, 2016
By the Regional Director, Dallas Office, Region Two, Enforcement
Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Hispanic Target Media, Inc.,
licensee of Station KPQP in Panhandle, Texas. 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 22, 2016, an agent of the Enforcement Bureau's Dallas Office
inspected Station KPQP located in Amarillo, Texas, and observed the
following violation(s):
47 C.F.R. § 11.35(a): "[Emergency Alert System] EAS Participants are
responsible for ensuring that EAS Encoders, EAS Decoders, Attention
Signal generating and receiving equipment, and Intermediate Devises used
as part of the EAS to decode and/or encode messages formatted in the EAS
Protocol and/or the Common Alerting Protocol are installed so that the
monitoring and transmitting functions are available during the times the
stations and systems are in operation." At the time of the inspection,
Station KPQP had no EAS equipment. The station manager stated that the
EAS equipment was broken and was in the repair shop two weeks prior to
the inspection date. On July 29, 2016, Ms. Francisco San Millan informed
the agent that the EAS was installed on June 28, 2016. There were no
documents providing that the EAS equipment was sent for repair.
47 C.F.R. § 73.1125(a)(3): "Except for those stations described in
paragraph (b) of this section, each AM, FM, and TV broadcast station
shall maintain a main studio at one of the following locations: (1)
Within the station's community of license;
(2) At any location within the principal community contour
of any AM, FM, or TV broadcast station licensed to the
station's community of license; or (3)Within twenty-five
miles from the reference coordinates of the center of its
community of license as described in § 73.208(a)(1)."
At the time of the inspection, the agent observed that
KPQP's studio located at 2801 Wolflin Avenue, Amarillo,
Texas, was more than twenty-nine miles from the boundaries
of Panhandle city.
47 C.F.R. § 73.3526: "Every permittee or licensee of an AM, FM, or
TV station in the noncommercial educational broadcast services shall
maintain a public inspection file." At the time of the inspection,
the agent observed that the public inspection files made available were
missing issues-program listings, list of donors supporting specific
program, letters and email comments from public available, and public
and broadcasting manual.
47 C.F.R. § 73.1820(a)(1)(iii): Station log. All stations: "An
entry of each test and activation of the Emergency Alert System (EAS)
pursuant to the requirement of part 11 of this chapter and the EAS
Operating Handbook. Stations may keep EAS data in a special EAS log
which shall be maintained at a convenient location; however, this log
is considered a part of the station log." At the time of inspection,
the agent observed that there was no EAS log nor station log.
47 C.F.R. § 1.903(a): Authorization required. "Stations in the Wireless
Radio Services must be used and operated only in accordance with the
rules applicable to their particular service as set forth in this
title and with a valid authorization granted by the Commission under
the provisions of this part, except as specified in paragraph (b) of
this section." At the time of the inspection, Station KPQP was operating
with a single-bay antenna while its license authorizes a six-bay antenna.
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, Hispanic
Target Media, Inc. 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 Hispanic Target
Media, Inc. to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an authorized
officer of Hispanic Target Media, Inc. with personal knowledge of the
representations provided in Hispanic Target Media, Inc.'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
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas
This Notice shall be sent to Hispanic Target Media, 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
Ronald D. Ramage
Regional Director
Region Two
Enforcement Bureau