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.
*****************************************************************
Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cortaro Broadcasting Corporation )
)
Licensee of Station KCKY ) File Nos.: EB-FIELDWR-17-00024214
Coolidge, Arizona )
)
NOTICE OF VIOLATION
Released: May 26, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Cortaro Broadcasting Corporation (Cortaro), licensee of FM radio station
KCKY in Coolidge, Arizona. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not
preclude the Federal Communications Commission’s (Commission’s) Enforcement Bureau from further
action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s)
noted herein.
2
2. On March 28, 29, and 30, 2017, Agents of the Enforcement Bureau’s Los Angeles Office
inspected KCKY station facilities in Coolidge, Arizona, and observed violations of the following rules:
a. 47 CFR § 73.49 “Antenna towers having radio frequency potential at the
base (series fed, folded unipole, and insulated base antennas) must be
enclosed within effective locked fences or other enclosures. Ready access
must be provided to each antenna tower base for meter reading and
maintenance purposes at all times. However, individual tower fences need
not be installed if the towers are contained within a protective property
fence.” At the inspections, agents found no property fence and the gates in
both individual tower fences were held closed with a loose loop of chain that
could easily be lifted off the adjoining fence post allowing the gates to swing
open freely.
b. 47 CFR § 73.1560(a): “AM stations. (1) Except for AM stations using
modulation dependent carrier level (MDCL) control technology, or as
provided for in paragraph (d) of this section, the antenna input power of an
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
AM station, as determined by the procedures specified in §73.51, must be
maintained as near as practicable to the authorized antenna input power and
may not be less than 90 percent nor greater than 105 percent of the
authorized power.” At the inspection on March 29, 2017, which was during
daylight hours, the Agents found the station transmitter in nighttime
configuration with indicated transmitter power of 500 watts which was 10%
of the authorized daytime power. At the inspection during daylight hours on
March 30, 2017, the station transmitter was configured for daytime operation
but only produced 2800 watts, which was 56% of authorized daytime power.
c. 47 CFR § 73.1300: “Broadcast stations may be operated as either attended
(where a designated person is responsible for the proper operation of the
transmitting apparatus either at the transmitter site, a remote control point or
an ATS control point) or unattended (where highly stable equipment or
automated monitoring of station operating parameters is employed). No
prior FCC approval is required to operate a station in the unattended mode.
Regardless of which method of station operation is employed, licensees must
employ procedures which will ensure compliance with Part 11 of this
chapter, the rules governing the Emergency Alert System (EAS).” At the
inspection on March 29, 2017, the Agents visited the main studio and
transmitter building during business hours and found the building door
unlocked and slightly ajar. When the Agents went inside, they looked but
could find no other persons present at the facility. At the inspection on
March 30, 2017, the Chief Operator stated that the station could only be
controlled from the transmitter location.
d. 47 CFR § 73.1820(a): “Entries must be made in the station log either
manually by a person designated by the licensee who is in actual charge of
the transmitting apparatus, or by automatic devices meeting the requirements
of paragraph (b) of this section…. (iii) 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 inspection on
March 30, 2017, the Chief Operator could not produce any EAS logs.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
3
and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, Cortaro 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.
4
3
47 U.S.C. § 403.
4
47 CFR § 1.89(c).
Federal Communications Commission
3
4. In accordance with Section 1.16 of the Rules, we direct Cortaro to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Cortaro with personal knowledge of the representations provided in Cortaro’s response,
verifying the truth and accuracy of the information therein,
5
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.
6
5. 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. #660
Cerritos, CA 90703
6. This Notice shall be sent to Cortaro Broadcasting Corporation at its address of record.
5
Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”
47 CFR § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
4
7. The Privacy Act of 1974
7
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
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
Federal Communications Commission
7
See 5 U.S.C. § 552a(e)(3).