Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, August 10, 1983

CONSOLIDATED STUDENTS MINUTES RADIO BOARD 19 83-84 TERM MEETING #02 10 AUGUST 19 8 3 MSU FIRESIDE LOUNGE 10:00 A.M. I. Call to Order Chairman Jimenez called the meeting to order at 10:14 a.m. II. Roll Call III. Approval of Minutes Tony West moved to approve the minutes of meeting #01 as submitted. Charles Martin seconded the motion. The motion passed unanimously. IV. Executive Announcements There were no announcements. V. Reports There were no reports. VI. Old Business A. General Operating, program underwriting and program commercials No action was taken on this item. B. Response to FCC visit Rafael Villanueva moved the board create the Radio Board Subcommittee on FCC Violations to be chaired by Assistant Dean Tredup, the members of which would be Tony West, Charles Martin, Senator Long, Rafael Members in Attendance Others in Attendance Tony West Charles Martin Rafael Villanueva Senator Long KUNV General Manager John Wennstrom Assistant Dean of Student Services Fred Tredup President Lee UNIVERSITY OF NEVADA, LAS VEGAS/4505 MARYLAND PARKWAY/LAS VEGAS, NV 89154/(702) 739-3477 8 3-84 RADIO BOARD MEETING #02 MINUTES CONTINUED PAGE 2 Villanueva, President Lee and Lynn Dryer ( Audio Visual Services representative), the purpose of which would be to review the FCC violation report and the responses prepared by John Wennstrom and Gordon Alsum and to inspect the station's logs to determine whether appro-priate measures have been taken to correct the prob-lems cited by the FCC. Tony West seconded the motion. The motion passed unanimously. Program Director Bruce Dyer arrived at 10:18. Chairman Jimenez recessed the meeting of the Radio Board at 10:20. Chairman Tredup called the meeting of the subcommittee to order at 10:21. The committee reviewed the report of the FCC and the responses prepared by John Wennstrom and Gordon Alsum. Technical Director Paul Nyman arrived at 10:25. Members of the subcommittee were assigned to investigate individual violations as follows: 1) Charles Martin 4) Tony West 5) Senator Long 6) Lynn Dryer 7) Rafael Villanueva 8) Art Jimenez 9) President Lee Subcommittee members inspected KUNV logs and other materials. President Lee left the meeting at 11:10. Subcommittee members reported on their findings and submitted memoranda confirming that they had person-ally inspected the logs and that KUNV had taken appropriate action to correct the violations. 1) Charles Martin submitted a memorandum confirming that he had personally inspected the logs and that proper inspections had been made of the tower lights and associated control equipment in accordance with FCC rules. He also suggested the lights be checked on a regular rather than a random basis. Wennstrom reported the first person on duty each day (at midnight) would be instructed to check the lights and the person on duty at 6 a.m. each day would be instructed to check the log to verify that the lights had been checked. 4) Tony West reported that he had taken a random list of names from the operating logs since 2 3 June and that several of the operators who had signed on and off did not have permits on display. West submitted a memorandum confirming that he had examined KUNV's 8 3-84 RADIO BOARD MEETING #02 MINUTES CONTINUED PAGE 3 operating logs, personnel files and official assign-ment reports for the summer semester 19 8 3 and that all currently assigned KUNV operators who have signed the logs since 2 3 June have valid FCC permits posted in accordance with FCC rules. 5) Senator Long submitted a memorandum confirming that he had inspected KUNV's operating logs and that KUNV's chief operator had appropriately reviewed the logs in accordance with FCC rules and that he had made recommendations for specific policies per-taining to continuations of these examinations. 6) Lynn Dryer submitted a memorandum confirming that he had personally examined KUNV's operating logs and that KUNV has maintained proper operating power in accordance with FCC rules since 07 July, the day on which KUNV's final power amplifier tube was replaced. 7) Rafael Villanueva submitted a memorandum confirming that he had personally inspected KUNV's operating logs and that KUNV had broadcast and logged Emergency Broadcast System tests in accordance with FCC rules. 8) Radio Board Chairman Art Jimenez submitted a memo-randum confirming that he had personally examined KUNV's posted licenses and that KUNV's station and operator's licenses had been posted in accord-ance with FCC rules. 9) President Lee had submitted a memorandum confirming that he had personally examined KUNV's operating logs and that KUNV has properly met general require-ments relating to logs in FCC rules. Senator Long moved to approve the attached resolution. Tony West seconded the motion. The motion passed with 6 in favor, 0 opposed and 0 abstaining. Rafael Villanueva moved to include the responses pre-pared by Wennstrom and Alsum in the official response to the FCC. Charles Martin seconded the motion. The motion passed with 6 in favor, 0 opposed and 0 abstaining. Radio Board Chairman Jimenez moved to adopt the follow-ing as the summary report of the committee: It is the finding of the Radio Board Subcommittee on FCC Violations that KUNV management has taken appro-priate steps to prevent continuation or recurrence of each violation cited by the FCC. 8 3-84 RADIO BOARD MEETING #02 MINUTES CONTINUED PAGE 4 Rafael Villanueva seconded the motion. The motion passed with 6 in favor, 0 opposed and 0 abstaining. Rafael Villanueva moved the committee recommend the Radio Board request the Chairman write letters to the KUNV General Manager, Technical Director and Chief Engineer reminding them of their responsibilities to ensure that FCC rules are followed and to advise them to pay special attention to the areas of violation cited by the FCC. Charles Martin seconded the motion. The motion passed with 6 in favor, 0 opposed and 0 abstaining. Chairman Tredup adjourned the meeting of the subcom-mitte at 11:51. Radio Board Chairman Jimenez called the meeting of the Radio Board back to order at 11:52. Chairman Tredup submitted to the board the report of the subcommittee, listing the actions reported above. Charles Martin .moved the board accept the report of the committee. Tony West seconded the motion. The motion passed unanimously. Chairman Jimenez adjourned the meeting to the call of the chair at 11:54. Respectfully submitted by Respectfully prepared by Radio Board Chairman Karen Cohen Executive Secretary NOTE: COPIES OF DOCUMENTS MENTIONED HEREIN ARE ATTACHED. United States of America FKDF.RA1. COMMUNICATIONS COMMISSION 3711 Long Bench Blvd., Suite 501 Long Bench, CA 90807 OFFICIAL NOTICE OF VIOLATION 1. flame and Address of Licensee University of Nevada Board of Regents 4505 Maryland Parkway Las Vfegas, NV 89154 PKrblDdvlT'S OFFICE A U G 2 1983 University cfrisva'dr^tcsVegat Page 1 of 3 page8 WRITTEN REPLY REQUIRED IN DUPUCATE (Sec Instructions unJ Privacy Act Notice on reverse side J WARNING: Violations, if repeated or w i l l f u l , as well as your failure to reply to this notice, may result either in the imposition of monetary forfeitures, the revocation of your station l i c e n s e or suspension of operator l i c e n s e . (See Sections 503, 312, and 303 (m) of the Communications Act of 1934, as amended and Section 1.89 of the Commission'* Rules.) h- FREQUENCY _ 1 2c. Auihori»«d 2b. M.vosurod 2c. High/Low (H.rtl) 3. Emission 4. Locally of Stolion or Nome of Craft 5. Rorfio S»rvic« or Clox» of Stotion 6. Kour(t) of Violation (EST-GMT) 7. Doie(») of Viototion 8. Coll Sign Las Vegas, NV BF Inspection 6-23-83 KUNV 9. VIOLATIONS) NON-COMPLIANCE WITH FCC RUl£S: 1. Section 17.47(a)(1) - INSPECTION OF TOWER LIGHTS AND ASSOCIATED CONTROL EQUIPMENT arid - s-.— Section 73.1820(a) (l) (ii) - OPERATING LOGS; Failure of the licensee to make an observation of the tower lights at least once ~ each 24 hours1 either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required. At the time of the inspection, a review of the operating logs for the period beginning May 1, 1983 and ending June 22, 1983, indicated that the daily tower light observations were not being made; the observations were only made on May 5, 12, 19, and June 2, 1983. DATE MAILED.'&fP'pgS -p-FgSS "Stat-ion Tnpppr.feri on 6-7^-R^-" (All previous editions of this form are canceled.) FCC Form 793 (Se> Ren rse Side) ApnI1978 793, continued k " ?a8e 2 of 3 pages KUNVr k •». Section 17.47(b) - INSPECTION OF TOWER LIGHTS AND ASSOCIATED CONTROL EQUIPhENT and Section 73.1830(a) (l)(vi) - MAINTENANCE LOGS; Failure of the licensee to inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the tower lighting to insure that such apparatus i6 functioning properly. At the time of the inspection, a review of the maintenance logs indicated that the last quarterly inspection conducted was dated August 9, 1982. 3. Section 73.554(a) - EQUIPS NT PERFORMANCE MEASURE MS NTS: Failure of the licensee to make equipment performance measurements of each main transmitter when initially installed and thereafter at least once each calendar year. The dates of completion of successive sets of measurements must he no more than 14 months apart. At the time of the inspection, the 1982 audio proof was not made available for inspection; the latest audio proof made was dated March 26, 1983. 4. Section 73.565(a) - NCE-FM OPERATOR RE QUIRE MS NTS and Section 73.1860(a) - TRANSMITTER DUTY OPERATORS: Failure of the licensee to have--at least one person holding a commercial radio operator license or permit of any class except a Marine Radio Operator Permit on duty in charge of the transmitter during all periods of broadcast operation. At the time of the inspection, operator Aileen Bergel had been on duty from 2 to 6 AM according to the operating log. However, there was no evidence that operator Bergel was properly licensed to be in charge of the transmitter. In addition, the following operators were on duty on June 22, 1983; however, no operator licenses or permits were posted nor made available for inspection: Name of Operator Period of Duty R. J. Harnberry R. Holiday W. Stockinger Richard Benoit Susan Houston Robert Solomon Sharlene Hill Jon Hooper Plus other radio operators. 2:00 - 6:00 AM 6:00 - 10:00 AM 10:00 AM - 12 Noon 12 Noon - 1:00 PM 1:00 - 1:30 PM 1:30 - 5:00 PM 5:00 • -- 8:00 PM 8:00 PM - 12 Midnight 5. Section 73.565(b) - N3E-FM OPERATOR REQUIRE>£NTS and Section 73.1870(c)(3) - CHIEF OPERATORS: Failure of the licensee to have the chief operator review the station operating logs at least once each week as part of the transmission system inspections to determine if the entries are being made correctly or if the station has been operating as required by the rules or the station authorization. Upon completion of the review, the chief operator is to make a notation of any discrepancies observed and date and sign the log. At the time of the inspection, a review of the operating logs for the period beginning May 1, 1983 and ending June 22, 1983, indicated that the chief operator has not been reviewing the logs. 793, continued \ Page 3 Of 3 pages X D W V Section 73.566(b) - OPERATING POWER and Section 73.1560(b) - OPERATING POWER TOLERANCE: Failure of the licensee to maintain the transmitter output power as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power. At the time of the inspection, the Btation was determining power by the indirect method and the efficiency of the transmitter wa8 given as 68.8%. The transmitter output power, as calculated " " by the indirect method was 8435.4 watts, or 87.9% of authorized power. The operating parameters were E =6320 volts and I =1.94 amperes. Reduced power operation has been noted for several days in 5une, 1983, (copies of logs attached) 7. Section 73.961(c) - TESTS OF THE E>ERGENCY BROADCAST SYSTEM PROCEDURES: Failure of the licensee to conduct the Weekly Transmission Tests of the Attention Signal and Test Script a minimum of once a week at random days and times between the hours of 8:30 AM local time and local sunset. At the time of the inspection, - a review of the operating logs for the period beginning May 1, 1983 and ending : - June 22, 1983, indicated that only one EBS test was conducted on May 10, 1983 at 11:30 AH. - * 8. Section 73.1230(b)(3) - POSTING OF STATION AND OPERATOR LICENSES: . -4 ~ - I -'"' ^-T.-'-"- Failure of the licensee to have the operator license or Form 759 (Verification of 1 - Operator License or Permit) of each station operator employed full-time or part-time or via contract, permanently posted and remain posted so long as the operator is i^-"* employed by the licensee. At the time of the inspection, the operator licenses or -3' Form 759*s for contract chief operator Gordon N. Alsum, contract assistant chief operator Gary Peluso, and operators Diana Ban to and Paul Nyman were neither posted nor made available for inspection. 9. Section 73.1800(a) - GENERAL REQUIREMENTS RELATING TO LOGS: V;, ".-C ' Failure of the licensee to have the transmitter duty operators sign the operating f^TT log when starting duty and again when going off duty and setting forth the time of ? , each. At the time of the inspection at 8:10 AM, the operating log indicated that",""' operator Aileen Bergel had signed off the log at 6:00 AM, and the operator on duty at 8:10 AM was Robert Joseph Sheppard, Jr., who had failed to sign on the log during the start of his duty period. At 8:15 AM, the log was again inspected and this time, the log indicated that operator Sheppard had signed off the log for his 10:00 AM sign-off for duty. In addition, various operators were not signing on the log when starting duty and/or again when going off duty and setting forth the time of each (copies of logs attached) . » •*. * -» * ••"•-«•• ' • >'• ' ."".-••"'>» • , - .. - . ..y J'^i. "tu"* " " -•-•»••« . ' TO THE LICENSEE* V~ J»- «,r; • . ."•S, 'i*? ~ ' - ,f V. 'i • —- • The facts set forth herein Indicate that you have violated the requirements of law or treaty. This Notice is issued in accordance wilh Section of the'Commis's Ton's Rules. 1. Within 10 days from receipt of this~Rotice, fi written reply in DUPLICATE shall be / ,* 'rj-t^'"'1 addressed to "Federal Communications Commission" and SENT TO THE ADDRESS ; rs H 0 W N ON THE FACE HEREOF AT Y h E TOP'of THE" PAGE. DO NOT address y o u r ' ' " , x,... - j L l L l ^ f "reply to an I n d i v i d u a l * . - 2. MAKE CERTAIN THAT YOUR ANSWER: ... *« H rnn" a. Fully ejjlains each vTolation. - ^ - - , _ T b. Specifically describes the action taken to correct and to prevent continuation or' : ; recurrence of each violation. . !,?: " c. Is identified as a reply to this Notice. Include the call sign of your station so that ; "*• your'answer may be properly associated with the station file. d. Does^not refer to a reply to another notice, but is complete in itself. _ - : * " * e. Is dated andis signed by the licensee or, if appropriate, an officer of the licensee. -— Includes all the information requested above in addition to any other information „ _ . ;'-'*, requested in Items 3 and 4j below.. * vCSii. i-Z a. ft-- r*5J j.ra 3.".. CHANGE OF A D D R E S S : ? ^ ^ ^ : r ' ^ t - If the^ address appearing in Bloclt 1 on the face of this Notice is not your correct address- : for receipt of laail^ include the correct address In your letter of reply to this Notice. " " r ~ : 4. If an " X " appears in the box preceding any of the following instructions, comply with the_, * "T - j. Instruction^) so Indicated and submit the information together with the above described . .. "4 - - • a. State the name of the person who_operated the transmitter at the time of the v i o l a t i o n . ' , * ? V > 5- ' Does this person hold an operator license or permit Issued by the Federal Communica- ^ " " J * ' ' - " ®* j | hi." A second copy of this notice is enclosed for•operator'-to-'answer Ihfe' TcS'lowfn'g^ ... v.. questions thereon. That copy must then be submitted with tHe letter of reply ^ s";'-** r. ^•-^S"cifte^rnlter^2Ia^ove5^rpm ihe the face of tKis^notice. R E T A I ^ ^ if t ^ "*•*;'""•-•;; , THE.• &O RIGINA'-'L• O•**F_'. TSH*'I"S/ '•* 'ft "" '• - * '_< — - -T * ' > / f ".f\CP. T cr " t 'S - v3' -.5"'-*' i* ? V- V ~ I, the undersigned, was the operator on duty at the time of the violation noted hereon, , '-. - * » er -'and hereby a~cfcno^led^eihis NOTICE? 1 hold FCC-issued Radio Opefator (NaT Statioriy*; —• License or Permit as "follows fifrtiorie, «To Ktntpy ^^ "rC~ • " " ~ '-T' c l . — i. -T-3S J r z " Number pf unhumberea,"so state): ; " " c T - ~ i - ' •; " c " ", \ * <r r ~ r Iss'uance date":^ ' '"r - Birth dater " " •; f r v"" ~ "" " C " 1 c r , : - - •*> ' — " Name (pHnt^e t r —i: ^ ~ ' c " " -- "C" f.' ----^c- c -"-tv-.r' Address:-" r-- _?-r~ ---c -- - ' - c -. -.;-,- -r----- -- ,-Ivt" Signature:_ NOTICE REQUIRED BY T H E PRIVACY ACT OF 1574, P.L. 93-579, DECEMBER 31, 1974, 5 U.S.C. 552o(e)(3fj--~-^ • The staff will use all relevant and material information before it, including the information disclosed - in your reply, to 3e!,errnine what, if any,/enforcement action is required to ensure current 4hd future - — • Rule compliance. _ Willful or repeated violation or failure to reply may result in a monetary forfeiture or license revocation. FCC Form 793 . April 1978 (pos t 2) August 9, 1983 To: Art Jimenez, Chairman Radio Board Radio Board Members Fromi John D. Wennstrom General Manager, KUNV Pet FCC OFFICIAL NOTICE OF VIOLATION UNLV President Goodall received the attached Official Notice of Violation from the Federal Communications Commission on August 2, I983. FCC rules require that KUNV's licensee, the Board of Regents of the University of Nevada System, or an officer of the licensee, send a written reply in duplicate to the FCC "within 10 days from receipt of this Notice", (August 12, 1983). Sections 1 and 2 on page 2 of the Notice specify how this response is to be prepared. KUNV was cited for 9 violations, i.e., non-compliance with FCC rules. Violations #2, #3, #6, and #8 are of a technical nature within the responsibility of our Chief Engineer, Gordon Alsum. Mr. Alsum is preparing a response to these violations, which will be made available to the Radio Board at its August 10, 1983 meeting. The FCC requires (a) an explanation and (b) a description of "the action taken to correct and to prevent continuation or recurrence" of all violations. The following sections of this memo will attempt to explain violations #1, #5» #7» and #9, in turn, and to describe the corrective action taken by KUNV management to prevent continuation and recurrence of each violation. VIOLATION #k (continued) . i:/ : KUNV*s tower is located on the roof of the Humanities Building on the UNLV campus, right next to the Moyer Student Union "building where KUNV's studios and offices are located, making observation " of the tower lights easily accomplished. While I can personally attest that KUNV's management and technical staff made regular observations to confirm that our tower lights were operating properly, KUNV management does not dispute the FCC's finding that that the observations were not properly logged as required "by FCC Rules section ?3.1820(a)(l)(ii) and section l?.^7(a)(l). This violation, as well as violations #4, #5, #7, and #9, are all basically related to the failure of KUNV's volunteer staff to properly fill out the logs and post their licenses. KUNV has made substantial improvements in this area since it has become aware of the severity of the problem as a result of the June 23 FCC visit. However, I believe the following considerations should also be taken into account as further explanation for the violations mentioned in the above paragraph. ~ , (1) KUNV is still a young, growing operation (initial FM broadcast April 21, 1981) . During, KUNV* s first two years on the air, nearly 200 student and community volunteers have been recruited and trained to perform broadcast operations, while at the same time KUNV management has also been involved with the considerable extra burdens of licensing, building permanent facilities, and acquiring the funding to pay for the initial capital ; investment. Now that the construction stage of KUNV^s v development is near completion, KUNV management wi1l have more timer,to_directly monitor and supervise ..actual-broadcast •:>VV"*'" operations; in. the future."; sft,''* : (2) The timing of the FCC's visit happened to coincide with several KUNV staff changes, June being one month after graduation ; and the beginning of the Summer Semester, when many regular r r staff members are not available due to summer vacation schedules. The Program Director, Bruce Dyer, took office on June 1st, 23 days prior to the FCC visit. The Technical Director, Richard Hunsaker, who was hired under a student employment contract, had graduated in May, and his duties were being performed by Paul Nyraan, a community volunteer who planned to enroll at UNLV in the fall. Mr. Hunsaker apparently did not communicate to Mr. Nyman his responsibilities related to regular inspection of the logs, and I, as General Manager, failed to verify that Mr. Nyman had received' appropriate instructions on this matter. Mr. Nyman has now been formally hired as KUNV's Technical Director, and has been given specific instructions to assist KUNV management in insuring that the violations for which KUNV has been cited will not recur. VIOLATIONS #2 and #3 are dealt with in Gordon Alsum's report. VIOLATION #k (continued) . i:/ : V This violation deals with the apparent failure of several of- KUNV's staff members to "be properly licensed to operate the station as required by FCC Rules, section 73.565(a) and 73.1860(a). Established KUNV administrative procedures require the Producer, of each KUNV program to submit a written report specifying the * schedule of operators and testifying that each operator's permit is posted. KUNV management had received such reports'- from all Producers. However, as the FCC discovered in its--;-. ' June 23 inspection, several KUNV operator's permits:-were not"posted. In discussing this discrepancy with the Producers and staff members involved, it appears that there was confusion between having a valid permit and posting the permit. In some cases, the operator's temporary permits were posted at the time of the FCC visit, but these permits were ruled invalid by the field inspector since the 60 -day validity period of these temporary permits had expired.- Violation specifically mentions nine operators by name as not being licensed. The following persons mentioned by the FCC had valid permits on their person when they operated the station, " but did not have their permits posted (the dates of issuance are noted in parentheses) 1 ' /. Aileen Bergel (Feb. 11, 1983) : ' • R. J. Harnberry (Jan. 8, 1982) ; V^-•;:•;••./.;•• 'V W. Stockinger (Feb. 11, I 9 8 3 ) ' . f c ^ ' ^ P - - . f - y - v ' R. Benoit (July 8, 1983, KUNV records indicate that Mr. Benoit's valid temporary permit was posted at the time of the FCC visit) Charlene Hill (April 17, I98I) These permits are now all properly posted. The following persons f mentioned by the FCC had their permits posted at other radio stations! f - - r - & - . „ ...v ' - - - .R. Holiday (sic) (Robert Holiday is the "air" name of Jerry Mabry) ••• Jon Hooper • . - -- - » - lk;: * £ Both Mr. Mabry and Mr. Hooper have now posted properly signed -75 jy FCC form 759. which is to be used when an operator needs posting - ; v statements for more than one station. .. ' . | v^t. Two persons, Susan Houston and Rob Solomon, could not find their permits although both claimed to have received them and posted them in the past. Both of these operators have over 1 l/2 years seniority at KUNV, and it is possible that their permits were lost when KUNV moved its master control room from temporary to permanent facilities in April of 1982. Ms. Houston and Mr. Solomon have now reapplied for their permits, and their temporary permits are now properly posted. Since the FCC visit, I have personally reviewed the personnel files of all KUNV Operators and have now verified that not only do all current KUNV operators have proper permits posted, but also that all KUNV staff members have attended KUNV seminars, have been given official written assignments, and have signed affidavits specifically acknowledging that they are aware of the FCC rules regarding the posting of operator's licenses and other . _: FCC rules and regulations. f. VIOLATION #k (continued) . i:/ : In reviewing Violation KUNV management acknowledges that several operators did not have their permits posted as required by the FCC. However, as explained above, KUNV specifically disputes the allegation that our operators had not obtained proper permits prior to being given operator responsibilities. K' v i o l a t i on As described in the explanation to Violation #1, KUNV management admits that the station's operating logs were not being reviewed as required by FCC Pules, section 73«5o5(b) and 73.I870 I, as the General Manager, further admit that I was negligent in not seeing to it that these reviews were being made. Indeed, it is now apparant that had KUNV management properly abided by the FCC log review rules , many of the other violations detected by the FCC field_inspector would have not occurred. • - r - r ^ " " - ' • . :;:./ KUNV's newly hired Technical Director, Paul Nyman, has been making these reviews under my direct supervision since the June 23 FCC inspection.V..' JJ-- .5-.'••.." .r : ; x. \ fffl : * • r - t - ' - - - • . * . - VIOLATION #6 is dealt with in Gordon Alsum's report., , ^ • 7 VIOLATION #7 M In reviewing the apparent failure of KUNV to conduct weekly transmission tests of the Emergency Broadcast System with the >r. KUNV staff members involved during the period cited by the FCC ; t (Kay 1, 1983 .to June 22, I983), former Program Director Phil iJkxl: Harrington and current Program Director Bruce Dyer have indicated to me that "several tests were done during this period, but, again, these tests were not properly logged." . . ; -^r ;. KUNV's current Program Director has now been given specific ' .. instructions to insure that these tests be conducted and logged ... Weekly, as required by FCC Pules, section 73.961^, I have personally inspected the operating logs since the June 23 inspection and can verify that EBS tests have been conducted and logged properly since that time. VIOLATION #8 is dealt with in Gordon Alsum* s report. VIOLATION #9**" ! ' - : r .. J As stated in the above explanations, KUNV admits that failure to properly maintain the logs was a serious problem at the time of the FCC visit. I, .as General Manager, fully acknowledge that KUNV management was negligent in its duties to enforce FCC rules related to logs, • "Y^n;;- / • 'V** •: v „v:;.-.'w*•• -.,< ' « = - • - g i'-.*'. •-. ft* f'-i Vj^! "However, I believe that KUNV Administrative Procedures (which have been approved by the station's governing body, the Radio Board, and which were revised and improved at the Board's July 25 meeting, and which have been carefully followed by KUNV management subsequent to the FCC visit), are appropriate and adequate to the needs of a station such as KUNV which is staffed by a large number of student and community volunteers. Violation #9 (relating to FCC Rules, section 73.1800(a)) and many of the other violations were due to KUNV management's failure to properly abide by these administrative guidelines, and not due to inadequacies in the Administrative Procedures ' . themselves. These procedures specifically detail the • v r, recruitment and training regimen to be followed, and provide specific instructions to KUNV's upper- and middle-management personnel on the proper way to administer KUNV's broadcast operations, " - - . , ADDITIONAL COMMENTS " * 1 * • ' * : While KUNY management fully acknowledges the seriousness of the nine violations for non-compliance with FCC rules as reported by the FCC, we are hopeful that the Commission will also take into account,KUNY*s overall performance as a new non-commercial educational radio station in determining what action, if any, the Commission will take as a result of the field inspection of June 23, 1983.- • • " 1 - v; - i > " • . ; • . . ; ' * r-'.V" j -. . KUNV management is extremely proud of the community oriented- . programming it has developed during its first two years of operations, and is greatly encouraged "by the excellent response it has received from the people of Southern Nevada, Specifically, we would like „ to make the commission aware of the following information and accomplishments concerning KUNY*s overall performance* (a) KUNV has maintained regular 2b Hours per day, 3^5 days per"year programming since October of I98I, six months after broadcast operations were initiated. Since that time, KUNV has never "been forced to sign off the air due to lack of personnel! its total time off-the-air due to.technical difficulties has been minimal during this time,' comparing favourably with". I.??"?:^-" V-"„ several other local broadcast operations, ~ s (b) KUNY* s finances and fund-raising efforts, have been very successful having generated over $55»0OO^in^donations and rental of " sub-carrier facilities in the last 12 months. : - - (c) KUNV has made a special effort to serve, the needs of. three of .-.v .. Las Vegas*^most'"'substantial, "minority*.. audiences-- ' " ; , ; 'Blacks, Hispanics, and Senidr^Citizens.. Indeed, KUNY is \v . • currently the only full power radio station specifically broadcasting to the' Las Yegas^Black community (,"jJrban.. Sunrise"' is"heard 26 1/2 hours per week, Monday through Friday 6AM to 10AM, and Sundays 6AM to 1$30PM.) KUNY* s "Sabado Especial" is jf broadcast in Spanish every Saturday 6AM to 1O0PM. Aside from/ KNPR's. two hours weekly of Spanish programming, .nopother.pM-j^-./s-H"7- •.;.'*_Las. Vegas.'"broadcasters are currently providing any Spanish , " programming. - "Senior Sounds"/ produced by and for. Senioi^^tf^^^' Citizens in cooperation with the Retired Senior Volunteer Program, (broadcast Monday through Friday 10AM to 11AM) represents, by far, the roost significant senior citizen programming currently;^/ being broadcast by any TV, FM, or AM station to this growing ' retirement community.. Other programming accomplishmentsinclude over 12 hours weekly of locally-produced public affairs, : health, science, arts reviews, poetry, radio drama, and other feature programming, generally broadcast during KUNV's "Features Unlimited" segment, 11AM to It30PM, Mondays through Fridays. - ' (d) KUNV has attracted a substantial number of listeners in the Southern Nevada area. According to a January 1983 survey taken by MART, Inc., KUNY had achieved an" overall b.Gfo share of the radio listening audience, placing it 12th out of the 20 stations included in the survey. ADDITIONAL COMMENTS (continued) . 1 / • (e) In additioftto these programming achievements, KUNV has also made substantial progress in its secondary objectives of providing valuable communications experience to hundreds of UNLV students and community volunteers, as well as such . ; ^secondary objectives of making the resources of the University of Nevada more readily available to the people of Southern u^J^msmsm % - < * • - : n i j >r' ' •-•v.;";-- **:"••« / • "'rf?'AV- * •.;»-* • • . .« ' .--. ; ; v . Response to violation No. 2. Section 17.47 (b) - INSPECTION OF TOWER LIGHTS AND ASSOCIATED CONTROL EQUIPMENT and Section 73.1830 (a) (1) (vi) - MAINTENANCE LOGS FM station KUNV is required by their Cons