Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of	)
	)
Slavic Community Center of NW, Inc.	)		File No.:  EB-FIELDWR-19-00028510
Licensee of Radio Station KBSF-LP	)
	)
Facility ID Number 196785	)
	)
Portland, Oregon	)
	
	
						
	
NOTICE OF VIOLATION

	Released: March 14, 2019

By the Regional Director, Region Three, Enforcement Bureau:

1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules) 47 CFR § 1.89.
 to the Slavic Community Center of NW, Inc. (Slavic), licensee of radio station KBSF-LP in Portland, Oregon.  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. 47 CFR § 1.89(a).  



2. On February 21, 2019, an Agent of the Enforcement Bureau’s Portland Office conducted an inspection and observed the following violations:

a. 47 CFR § 11.15: “EAS Operating Handbook – The EAS Operating Handbook states in summary form the actions to be taken by personnel at EAS Participant facilities upon receipt of an EAN, an EAT, tests, or State and Local Area alerts. It is issued by the FCC and contains instructions for the above situations. A copy of the Handbook must be located at normal duty positions when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.” During an inspection conducted on February 21, 2019, KBSF-LP was unable to provide a copy the required EAS Operating Handbook at the station’s normal duty position. 

b.	47 CFR § 11.52(d)(1): “With respect to monitoring for EAS messages that are formatted in accordance with the EAS Protocol, EAS Participants must monitor two sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.” According to the Oregon State Emergency Alert System Plan, Version 14, Dated February 22, 2017, the two sources of monitoring assignments in the Portland Metro Operational Area are:  KOPB-FM (91.5 MHz) and KXL-FM (101.1 MHz). During the inspection conducted on February 21, 2019, the inspecting Agent noted that KBSF-LP monitored KPDQ-FM (95.1 MHz) which is an incorrect monitoring assignment.

3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 308(b).
 Section 403 of the Communications Act of 1934, as amended, 47 U.S.C. § 403.
 and Section 1.89 of the Rules, we seek additional information concerning the violation and any remedial actions taken.  Therefore, Slavic 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. 47 CFR § 1.89(c).
  

4. In accordance with Section 1.16 of the Rules, we direct Slavic to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of the Slavic with personal knowledge of the representations provided in the response, verifying the truth and accuracy of the information therein, 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 CFR § 1.16.
 and confirming that all of the information requested by this Notice which is in the Slavic’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. 18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
  

5. All replies and documentation sent in response to this Notice should be marked with the File No. specified above, and mailed to the following address:

Federal Communications Commission
Los Angeles Regional Office
11331 183rd Street, PMB #365
Cerritos, CA 90703
Field @FCC.gov

6. This Notice shall be sent to the Slavic Community Center of NW, Inc., 17229 SE Division, S-29, Portland, Oregon 97236. 

7. The Privacy Act of 1974 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

 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



Lark Hadley
Regional Director
Region Three
Enforcement Bureau