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	Federal Communications Commission

Before the

In the Matter of

Syncom Media Group, Inc.
Licensee of Station KZDN-LD

Facility ID:  168641

Denver, Colorado

File No.:  EB-FIELDWR-19-00028805


		Released:  August 27, 2019

By the Regional Director, Region Three, Enforcement Bureau:

1. This is a Notice of Violation (Notice) issued pursuant to section 1.89 of the Commissions rules 47 CFR  1.89.
 to Syncom Media Group, Inc. (Syncom), licensee of low-power television station KZDN-LD serving Denver, Colorado.  Pursuant to section 1.89(a) of the Commissions rules, issuance of this Notice does not preclude the Federal Communications Commissions (Commissions) from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violations noted herein. 47 CFR  1.89(a).

2. On April 3, 2019, an Agent of the Enforcement Bureaus Denver Office investigated a complaint of radio frequency interference impacting the operations of the Soil Moisture and Ocean Salinity (SMOS) satellite operated by the European Space Agency (ESA).  Using radio direction finding equipment, the Agent located emissions in the SMOS band, 1400-1427 MHz, emanating from a tower atop the Lookout Mountain telecommunications site in Golden, Colorado.  Upon further investigation and inspection, the Agent observed the following violations:
a. 47 C.F.R.  74.703(c):  Interference.  (c) It shall be the responsibility of the licensee of a low power TV, TV translator, or TV booster station to correct any condition of interference which results from the radiation of radio frequency energy outside its assigned channel.  At the time of the initial inspection, KZDN-LD was observed emanating radio frequency energy outside of its assigned channel, 470  476 MHz, with a third harmonic located at 1410 MHz.  The Denver Office subsequently confirmed that KZDN-LD was the source of the SMOS band interference by conducting an on/off test that was coordinated with the ESA during a scheduled satellite pass. When KZDN-LD was turned off, the interference ceased.
b. 47 C.F.R.  74.794(a)(2)(iii):  Out of Band Emissions.  (iii)Full service mask:(A) The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than the following amounts below the average transmitted power within the authorized channel.  More than 6 MHz from the channel edge, emissions must be attenuated no less than 110 dB.  In the application to modify the existing Construction Permit (Minor Modification 0000052172 covering File No. 0000060229) See KZDN-LD Application at File No. 0000060229 (
, KZDN-LD specified, within the Antenna Technical Data section, the Out-of-Channel Emission Mask to be Full Service.  At the time of the investigation, the KZDN-LD third harmonic was not attenuated from the fundamental by at least 110 dB.   
c. 47 C.F.R.  73.1620(a):  Program Tests.  Upon completion of construction of. (the) station in accordance with the terms of the construction permit, the technical provisions of the application, the rules and regulations and the applicable engineering standards, program tests may be conducted  At the time of the inspection, KZDN-LD was operating in a manner inconsistent with its authorization.  Specifically, KZDN-LD was operating prior to filing for Program Test Authority (PTA) as outlined in the Special Conditions cited in the stations Construction Permit, which states that Program tests shall not be commenced under Section 73.1620(a) of the Commissions Rules and may only be started after specific authority is granted by the Commission. Ibid, see specifically the Authorization generated at this URL.
3. Pursuant to section 308(b) of the Communications Act of 1934, as amended (Act), and section 1.89 of the Commissions rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. 308(b); 47 CFR  1.89.
  Therefore, Syncom 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. 47 CFR  1.89(c).

4. In accordance with section 1.16 of the Commissions rules, we direct Syncom to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Syncom, with personal knowledge of the representations provided in Syncoms response, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in Syncoms possession, custody, control, or knowledge has been produced. 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.
  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. 18 U.S.C.  1001, et seq.; see also 47 CFR  1.17.

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 Regional Office
11331 183rd Street, PMB #365
Cerritos, CA 90703

6. This Notice shall be sent to Syncom Media Group, Inc., at its address of record, and Syncoms counsel, Peter Tannenwald, FLETCHER, HEALD & HILDREDTH, P.L.C., at 1300 N 17th Street, 11th Floor, Arlington, Virginia 22209.  
7. The Privacy Act of 1974 5 U.S.C.  552a(e)(3).
 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.  



Lark Hadley
Regional Director
Region Three
Enforcement Bureau