In the Matter of )
)
Estate of Linda Ware, Cynthia Ramage, Executor ) File No.
EB-FIELDWR-12-00002835
Licensee of Station KZPO )
Facility ID # 37725 ) NOV No. V201332960014
Lindsay, CA )
)
NOTICE OF VIOLATION
Released: February 21, 2013
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules),^ to Estate of Linda Ware, Cynthia
Ramage, Executor (Estate), licensee of radio station KZPO serving
Lindsay, 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 violation(s) noted herein.^
2. On June 14, 2012, an agent of the Enforcement Bureau's San Francisco
Office inspected radio station KZPO located at Visalia, California and
observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service must be
used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part..." On June 14 and 15, 2012 the agent monitored a Studio
Transmitter Link (STL) on frequency 949.0 MHz, and heard the KZPO
content being transmitted. The agent confirmed by direction finding
techniques that the signal on 949.0 MHz was emanating from the KZPO
studio at 1830 S. Mooney Blvd., in Visalia, California. A search of
the Commission's records revealed that KZPO did not have an
authorization to transmit on 949.0 MHz.
b. 47 C.F.R. S 11.52(d) "EAS participants must monitor two EAS sources.
The monitoring assignments of each broadcast station and cable system
and wireless cable system are specified in the State EAS Plan..."
The State Plan, revised as of January 20, 2004, specified the LP-2
assignment to be KFSN-TV Channel 30, Fresno, CA. At the time of
inspection KZPO was not monitoring the LP2 station.
c. 47 C.F.R. S 11.35(a): EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams..." At the time of the inspection
there were no entries in the station logs indicating why KZPO did not
receive numerous Required Weekly Tests from KMJ-AM or KFSN-TV30
during the period of January 1, 2012, to June 15, 2012.
d. 47 C.F.R S 73.3526(e)(12): "For commercial AM and FM broadcast
stations, every three months a list of programs that provided the
station's most significant treatment of community issues during the
preceding three month period. The list for each calendar quarter is
to be filed by the tenth day of the succeeding calendar quarter (e.g.
January 10 for the quarter October--December, April 10 for the
quarter January--March etc). The list shall include a brief narrative
describing what issues were given significant treatment and the
programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." Radio station KZPO's public
inspection file did not have the First, Second, Third and Fourth
quarters of the Issues and Programs List for the calendar year of
2011 or the First quarter of 2012.
e. 47 C.F.R S 73.1870(b)(3): "The designation of the chief operator must
be in writing with a copy of the designation posted with station
license. Agreements with chief operator's serving on a contract basis
must be in writing with a copy kept in the station files." At the
time of the inspection, KZPO did not have chief operator designation
in writing.
)
Estate of Linda Ware, Cynthia Ramage, Executor ) File No.
EB-FIELDWR-12-00002835
Licensee of Station KZPO )
Facility ID # 37725 ) NOV No. V201332960014
Lindsay, CA )
)
NOTICE OF VIOLATION
Released: February 21, 2013
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules),^ to Estate of Linda Ware, Cynthia
Ramage, Executor (Estate), licensee of radio station KZPO serving
Lindsay, 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 violation(s) noted herein.^
2. On June 14, 2012, an agent of the Enforcement Bureau's San Francisco
Office inspected radio station KZPO located at Visalia, California and
observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service must be
used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part..." On June 14 and 15, 2012 the agent monitored a Studio
Transmitter Link (STL) on frequency 949.0 MHz, and heard the KZPO
content being transmitted. The agent confirmed by direction finding
techniques that the signal on 949.0 MHz was emanating from the KZPO
studio at 1830 S. Mooney Blvd., in Visalia, California. A search of
the Commission's records revealed that KZPO did not have an
authorization to transmit on 949.0 MHz.
b. 47 C.F.R. S 11.52(d) "EAS participants must monitor two EAS sources.
The monitoring assignments of each broadcast station and cable system
and wireless cable system are specified in the State EAS Plan..."
The State Plan, revised as of January 20, 2004, specified the LP-2
assignment to be KFSN-TV Channel 30, Fresno, CA. At the time of
inspection KZPO was not monitoring the LP2 station.
c. 47 C.F.R. S 11.35(a): EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams..." At the time of the inspection
there were no entries in the station logs indicating why KZPO did not
receive numerous Required Weekly Tests from KMJ-AM or KFSN-TV30
during the period of January 1, 2012, to June 15, 2012.
d. 47 C.F.R S 73.3526(e)(12): "For commercial AM and FM broadcast
stations, every three months a list of programs that provided the
station's most significant treatment of community issues during the
preceding three month period. The list for each calendar quarter is
to be filed by the tenth day of the succeeding calendar quarter (e.g.
January 10 for the quarter October--December, April 10 for the
quarter January--March etc). The list shall include a brief narrative
describing what issues were given significant treatment and the
programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." Radio station KZPO's public
inspection file did not have the First, Second, Third and Fourth
quarters of the Issues and Programs List for the calendar year of
2011 or the First quarter of 2012.
e. 47 C.F.R S 73.1870(b)(3): "The designation of the chief operator must
be in writing with a copy of the designation posted with station
license. Agreements with chief operator's serving on a contract basis
must be in writing with a copy kept in the station files." At the
time of the inspection, KZPO did not have chief operator designation
in writing.
