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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Viva Media LLC )
Licensee of KQFX ) File No.: EB-FIELDSCR-17-00025529
Facility ID: 61033 )
)
Amarillo, Texas )
NOTICE OF VIOLATION
Released: December 20, 2017
By the Regional Director, Region Two, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the rules of the
Federal Communications Commission (FCC or Commission)
1
to Viva Media LLC, licensee of KQFX, in
Amarillo, Texas (Station). Pursuant to Section 1.89(a) of the Commission’s rules, issuance of this NOV
does not preclude the FCC’s Enforcement Bureau (Bureau) from further action if warranted, including
issuing a Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.
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2. On October 26, 2017, in response to a complaint that the Station did not have a
functioning Emergency Alert System (EAS), Agents of the Bureau’s Dallas Office inspected the Station
and observed the following violation(s):
a) 47 CFR § 73.1800(a): “The licensee of each station must maintain a station log as
required by §73.1820. This log shall be kept by station employees competent to do
so, having actual knowledge of the facts required. All entries, whether required or not
by the provisions of this part, must accurately reflect the station operation. Any
employee making a log entry shall sign the log, thereby attesting to the fact that the
entry, or any correction or addition made thereto, is an accurate representation of
what transpired.” At the time of inspection, Agents observed that there was no
station log available.
b) 47 CFR § 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
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
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, Aagents
observed that there was no EAS log nor station log.
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 Viva Media 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.
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4. In accordance with Section 1.16 of the Rules, we direct Viva Media 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 Viva Media LLC with personal knowledge of the representations provided in Viva
Media LLC’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.
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5. All replies and documentation sent in response to this Notice should be marked with the
File No. specified above, and mailed to the following address:
Federal Communications Commission
Office of the Director - Region Two
P.O. Box 1493
Powder Springs, GA 30127
6. This Notice shall be sent to Viva Media LLC at the address of record.
3
47 U.S.C. § 403.
4
47 CFR § 1.89(c).
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.
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18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
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7. The Privacy Act of 1974
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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 Ramage
Director - Region Two
Enforcement Bureau
7
P.L. 93-579, 5 U.S.C. § 552a(e)(3).