Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ) Knight Broadcasting, Inc. ) File No. EB-FIELDWR-16-0022427 Licensee of Station KUHL ) Santa Maria, CA ) NOV No. V2016323900011 NOTICE OF VIOLATION Released: August 29, 2016 By the Acting District Director, Los Angeles Office, Region 3, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 1 to Knight Broadcasting, Inc., licensee of station KUHL, Santa Maria, California. 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 violations noted herein. 2 2. On July and 27, 2016, in response to a complaint, an agent from the Enforcement Bureau’s Los Angeles Office conducted on scene monitoring and field strength measurements of station KUHL. The monitoring revealed that station KUHL was transmitting spurious emissions in excess of allowable limits. The following violations were observed: a. 47 C.F.R. § 73.44(a): “The emissions of stations in the AM service shall be attenuated in accordance with the requirements specified in paragraph (b) of this section…(b): Emissions removed by more than 75 kHz must be attenuated at least 43 + 10 Log (Power in watts) or 80 dB below the unmodulated carrier level, whichever is the lesser attenuation, except for transmitters having power less than 158 watts, where the attenuation must be at least 65 dB below carrier level.” At the time of the monitoring, the agent measured spurious emissions at 1760 KHz and 1820 KHz from multiple locations in the community of license. On average, 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 measured from multiple locations, these spurious were attenuated only 53 dB and 63 dB respectively below the carrier at 1440 KHz. 3. 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, Knight 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 Information required by Section 73.44(e) of the Commission’s Rules shall also be provided 5 . 4. In accordance with Section 1.16 of the Rules, we direct Knight 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 Knight Broadcasting, Inc., with personal knowledge of the representations provided in Knight Broadcasting, Inc.’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 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: 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). 5 47 C.F.R. § 73.44(e). Section 73.44(e) of the Rules requires that licensees must make measurements to determine compliance with paragraphs (a) and (b) of this section upon receipt of an Official Notice of Violation or a Notice of Apparent Liability alleging noncompliance with those provisions, or upon specific request by the Commission. 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 Federal Communications Commission Los Angeles Office 18000 Studebaker Rd., Rm. 660 Cerritos, California 90703 6. This Notice shall be sent to Knight Broadcasting, Inc., at its address of record. 7. 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 James T. Lyon Acting District Director Los Angeles Office Enforcement Bureau 8 P.L. 93-579, 5 U.S.C. § 552a(e)(3).