Federal Communications Commission Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Silver State Broadcasting LLC Licensee of Station KBET Winchester, Nevada ) ) ) ) ) ) ) File No.: EB-FIELDWR-22-00033201 Facility ID: 136292 NOTICE OF VIOLATION Released: March 2, 2022 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 47 CFR § 1.89. to Silver State Broadcasting LLC (SSB), licensee of AM broadcast station KBET, serving Winchester, Nevada. Pursuant to section 1.89(a) of the Commission’s 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. 47 CFR § 1.89(a). 2. On December 15, 2021, during an inspection of the transmitter site, Agents of the Enforcement Bureau’s Los Angeles Office observed the following violation: a. 47 CFR § 73.49: “AM Transmission system fencing requirements. Antenna towers having radio frequency potential at the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures.” At the time of the inspection, the Agents observed that the KBET tower fence gate was unlocked. 3. Pursuant to section 308(b) of the Communications Act of 1934, as amended (Act), and section 1.89 of the Commission’s rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. § 308(b); 47 CFR § 1.89. Therefore, SSB 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 Commission’s rules, we direct SSB to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of SSB with personal knowledge of the representations provided in SSB’s response, verifying the truth and accuracy of the information therein, 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. 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 CFR § 1.16. 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 Number, 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 Silver State Broadcasting LLC at P.O. Box 1100, Fair Oaks, CA 95628, its address of record and to its counsel, Barry Wood, Wood & Maines, P.C., 3300 Fairfax Drive – Suite 202, Arlington, VA 22201-4400. 7. The Privacy Act of 1974 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 2