Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Inspirational Family Radio, Inc. ) File No. EB-FIELDWR-12-00003866 Licensee of Station KBXL ) ) Facility ID # 35628 ) ) NOV No. V201232920013 Caldwell, Idaho ) NOTICE OF VIOLATION Released: September 13, 2012 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 Inspirational Family Radio, Inc. (Inspirational Family Radio), licensee of radio station KBXL in Caldwell, Idaho. Pursuant to Section 1.89(a) of the Commission’s Rules, issuance of this NOV does not preclude the 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 August 16, 2012, an agent of the Enforcement Bureau’s Portland Office inspected radio station KBXL located at 1440 Weideman Avenue, Boise, Idaho, and observed the following violations: a. 47 C.F.R. § 11.61(b): “ Entries shall be made in EAS Participant records, as specified in §11.35(a) and 11.54(a)(3).” KBXL did not have any records for receiving tests formatted with the Common Alerting Protocol in the EAS logs from July 2 through August 16, 2012. b. 47 C.F.R. § 73.1870(b)(3): “The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.” At the time of the inspection, KBXL did not have the chief operator designation in writing. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 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. In addition, the designation of the chief operator must be in writing with a copy posted with the station license. 4. Pursuant to Section 308(b) 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 taken. Therefore, Inspirational Family Radio, 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 5. In accordance with Section 1.16 of the Commission’s Rules, we direct Inspirational Family Radio to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Inspirational Family Radio with personal knowledge of the representations provided in Inspirational Family Radio’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 6. 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 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). 5 Section 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. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 7. This Notice shall be sent to Inspirational Family Radio, Inc. at its address of record. 8. 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 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).