Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Brahmin Broadcasting Corporation ) File No. EB-11-DV-0222 Licensee of Radio Station KANT ) Facility ID # 164287 ) Guernsey, WY ) NOV No. V201232800010 ) NOTICE OF VIOLATION Released: January 11, 2012 By the District Director, Denver 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 Brahmin Broadcasting Corporation (“Brahmin”), licensee of radio station KANT, Guernsey, WY. This Notice may be combined with a further action, if further action is warranted.2 2. On August 16, 2011, an agent of the Enforcement Bureau’s Denver Office inspected the KANT main studio, located in Wheatland, WY, and observed the following violations: a. 47 C.F.R. § 11.52(d): “EAS Participants must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan ...” At the time of the inspection, the KANT was monitoring a source other than those authorized as LP-2 sources for Wyoming EAS Area 5 within the Wyoming State EAS Plan. b. 47 C.F.R. § 73.1125(e): “Each AM, FM, TV and Class A TV broadcast station shall maintain a local telephone number in its community of license or a toll-free number.” At the time of the inspection, the phone number given for the KANT main studio was a long distance call from the city of Guernsey, WY. 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 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). Federal Communications Commission 2 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, Brahmin 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 Brahmin to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Brahmin with personal knowledge of the representations provided in Brahmin’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 Denver District Office 215 S. Wadsworth Blvd., # 303 Lakewood, CO 80226 6. This Notice shall be sent to Brahmin Broadcasting Corporation at its address of record. 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. 618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 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 Nikki P. Shears District Director Denver Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).