Federal Communications Commission	


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Radio Bonners Ferry, Inc.
Licensee of Station KBFI

Bonners Ferry, Idaho
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File No.: EB-FIELDWR-22-00033488
Facility ID: 54500
FRN: 0009052788

NOTICE OF VIOLATION


Released:  June 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 Radio Bonners Ferry, Inc., licensee of radio station KBFI in Bonners Ferry, Idaho.  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 April 26, 2022, an agent of the Enforcement Bureau’s Portland Office reviewed KBFI’s station logs submitted for the period of January 1, 2022 to March 31, 2022, and observed the following violation:
a. 47 CFR § 73.1800(d): “When automatic logging processes fail or malfunction, the log must be kept manually for that period and in accordance with the requirements of this section.”  The station log was missing entries from January 1, 2022 through January 9, 2022; and from February 2, 4-5, 7, 19, and 21-23, 2022.  KBFI failed to maintain manual logs during the time periods stated above, when KBFI’s automatic logging processes failed due to the disruptions of the Internet service.
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, Radio Bonners Ferry, 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. 47 CFR § 1.89(c).

4. In accordance with section 1.16 of the Commission’s rules, we direct Radio Bonners Ferry, 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 Radio Bonners Ferry, Inc. with personal knowledge of the representations provided in Radio Bonners Ferry, Inc.’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 Radio Bonners Ferry, Inc.’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
6. This Notice shall be sent to Radio Bonners Ferry, Inc. at its address of record.
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

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