Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) DFW Broadcasting, Inc. ) File No.: EB-FIELDSCR-13-00006934 Licensee of Station KZFW-LP ) NOV No.: V201332500041 ) Facility ID: 5316 Dallas, Texas ) ) NOTICE OF VIOLATION Released: March 25, 2013 By the District Director, Dallas Office, South Central Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules)1 to DFW Broadcasting, Inc., licensee of Low Power TV Station KZFW-LP in Dallas, Texas. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 February 20, 2013, an agent of the Enforcement Bureau’s Dallas Office inspected the transmitter site and the station record file for Station KZFW-LP, located in Dallas, Texas, and observed the following violation(s): a. 47 C.F.R. § 11.35(a): “EAS Participants are responsible for ensuring that EAS Encoders, EAS Decoders, Attention Signal generating and receiving equipment, and Intermediate Devices used as part of the EAS to decode and/or encode messages formatted in the EAS Protocol and/or the Common Alerting Protocol are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in § 11.61(a)(1) and (2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in §§ 73.1820 and 73.1840 of this chapter for all broadcast streams….” At the time of the inspection, DFW Broadcasting, Inc. did not have any EAS (Emergency Alert 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 System) equipment installed for Station KZFW-LP and did not have any EAS logs. b. 47 C.F.R. § 74.750(d)(2): “Low power TV, TV translator and transmitting equipment using a modulation process for either program origination or rebroadcasting TV booster transmitting equipment using a modulation process must meet the following requirements: . . . (2) The stability of the equipment shall be sufficient to maintain the operating frequency of the aural carrier to 4.5 MHz+-1kHz above the visual carrier when subjected to variations in ambient temperature between 30ºand + 50º centigrade and variations in power main voltage between 85 and 115 percent of rated power supply voltage.” At the time of inspection, Station KZFW-LP was not transmitting a visual carrier. The low power television station was only transmitting audio. c. 47 C.F.R. § 74.765(a): “The station license and any other instrument of authorization or individual order concerning the construction of the station or manner of operation shall be kept in the station record file so as to be available for inspection upon request of authorized representatives of the FCC.” At the time of the inspection, no station license renewal authorization was found in the station record file. d. 47 C.F.R. § 74.765(b): “The call sign of the station, together with the name, address, and telephone number of the licensee, if the licensee does not reside in the community served by the station, and the name and address of the person and where the station records are maintained, shall be displayed at the transmitter site on the structure supporting the transmitting antenna, so as to be visible to a person standing on the ground. The display shall be maintained in legible condition by the licensee”. At the time of the inspection, the agent observed that the required sign was not posted. e. 47 C.F.R. § 74.769: “The licensee or permittee of a station authorized under this subpart shall have a current copy of Volume I and Volume III of the Commission’s Rules. Each such licensee or permittee shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission’s rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.” At the time of the inspection, the licensee did not have a copy of the Rules. The licensee appeared to be unfamiliar with the rules relating to Station KZFW-LP. 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 licensees. Federal Communications Commission 3 4. Pursuant to Section 308(b) 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, DFW Broadcasting, Inc. 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 Rules, we direct DFW Broadcasting, Inc. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of DFW Broadcasting, Inc. with personal knowledge of the representations provided in DFW Broadcasting, Inc.’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 Dallas Office 9330 LBJ Freeway, Suite 1170 Dallas, Texas 75243 7. This Notice shall be sent to DFW Broadcasting, Inc. at its address of record. 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 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 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 4 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 James D. Wells District Director Dallas District Office South Central Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).