Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) North Face Broadcasting, L.L.C. ) File No.: EB-FIELDSCR-13-00011751 ) Licensee of Stations KNOC (AM) and KCIJ (FM) ) NOV No.: V201432620002 ) Natchitoches, LA ) Facility IDs: 8518 (KNOC) and 88686 (KCIJ) ) NOTICE OF VIOLATION Released: October 24, 2013 By the Deputy Regional Director, New Orleans 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 North Face Broadcasting, L.L.C., licensee of stations KNOC (AM) and KCIJ (FM) in Natchitoches, Louisiana. 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 September 11, 2013, an agent of the Enforcement Bureau’s New Orleans Office inspected Stations KNOC and KCIJ located at 213 Renee St., Natchitoches, LA, and observed the following violation: a. 47 C.F.R. § 11.52(d)(2): “Emergency Alert System (EAS) participants must comply with the following monitoring requirement: With respect to monitoring EAS messages formatted in accordance with the specifications set forth in § 11.56(a)(2), EAS Participants’ EAS equipment must interface with the Federal Emergency Management Agency's Integrated Public Alert and Warning System (IPAWS) to enable…………… the distribution of Common Alert Protocol (CAP)-formatted alert messages from the IPAWS system to EAS Participants' EAS equipment.” At the time of inspection, Stations KNOC and KCIJ’s shared EAS equipment, a Hollyanne Model HU- 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 961, did not have an interface with the Federal Emergency Management Agency’s IPAWS. 3 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 Emergency Alert System and expects full compliance from its licensees. 4. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 4 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, North Face Broadcasting, L.L.C. 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 actions 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. 5 5. In accordance with Section 1.16 of the Rules, we direct North Face Broadcasting, L.L.C. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of North Face Broadcasting, L.L.C. with personal knowledge of the representations provided in North Face Broadcasting, L.L.C.’s response, verifying the truth and accuracy of the information therein, 6 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. 7 3 Stations KNOC and KCIJ are co-located and co-owned stations sharing EAS equipment, pursuant to Section 11.51(l) of the Rules. 47 C.F.R. § 11.51(l). 4 47 U.S.C. § 308(b). 5 47 C.F.R. § 1.89(c). 6 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. 7 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 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 New Orleans Office 2424 Edenborn Ave. Suite 460 Metairie, LA 70001 7. This Notice shall be sent to North Face Broadcasting, L.L.C. at its address of record. 8. The Privacy Act of 1974 8 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 Loyd Perry Deputy Regional Director New Orleans District Office South Central Region Enforcement Bureau 8 P.L. 93-579, 5 U.S.C. § 552a(e)(3).