Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) The Mountain Broadcasting LLC ) File No. EB-09-PO-0052 Licensee of Radio station KOHI(AM) ) Facility ID# 70467 ) ) NOV No. V201032920004 Saint Helens, Oregon ) NOTICE OF VIOLATION Released: January 4, 2010 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to the Mountain Broadcasting LLC, licensee of AM broadcast station KOHI in Saint Helens, Oregon. This Notice may be combined with a further action, if further action is warranted.2 2. On October 15, 2009, an agent of the Enforcement Bureau’s Portland Resident Agent Office inspected radio broadcast station KOHI in Saint Helens, Oregon and observed the following violations: a. 47 C.F.R. § 11.52(d): “EAS Participants must monitor two EAS sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.” At the time of the inspection, the agent found that KOHI was monitoring only one EAS source and was not monitoring the required local primary (LP-1) station. b. 47 C.F.R. § 76.3526(e)(8): “At all times, a copy of the most recent version of The Public and Broadcasting Manual” must be retained in the public inspection file.” 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). Federal Communications Commission 2 At the time of the inspection, the agent found that KOHI could not produce a copy of The Public and Broadcasting Manual. c. 47 C.F.R. § 76.3526(e)(12): “ For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10th for the quarter October-December, April 10th for the quarter January-March, etc.).” At the time of the inspection, the agent found that KOHI could not produce the issues/programs list for the Third Quarter (July-September) of the calendar year of 2009. This list should have been filed on October 10, 2009. 3. 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. We also must investigate violations of other rules that apply to broadcast licensees. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violations and any remedial actions the station may have taken. Therefore, Mountain 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.4 4. In accordance with Section 1.16 of the Commission’s Rules, we direct Mountain 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 Mountain Broadcasting LLC with personal knowledge of the representations provided in Mountain Broadcasting 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 347 U.S.C. § 403. 447 C.F.R. § 1.89(c). 5Section 1.16 of the Commission’s 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 C.F.R. § 1.16. Federal Communications Commission 3 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 Portland Resident Agent Office P.O. Box 61469 Vancouver, Washington 98666-1469 6. This Notice shall be sent to Mountain Broadcasting LLC at its address of record. 7. The Privacy Act of 19747 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 Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).