5-20-2012
This Notice of Apparent Liability for Mt. Rushmore Broadcasting, owners of KZMX-AM and KZMX-FM in Hot Springs, South Dakota for failing to maintain a management or staff presence at the Stations? main studio, by failing to maintain a local telephone number in its community of license or a toll-free number for either station, by failing to make the Stations available for inspection, and by failing to operate Station KZMX-FM in accordance with the terms of the station?s authorization.
READ ATTORNEY JOHN GARZIGLIA'S BLOG ON COVERING YOUR STUDIO
On May 31, 2011, in response to a complaint, an FCC agent from Denver Office attempted an inspection of the stations main studio during regular business hours. The door to the main studio was locked and there was no staff or management present at the building. There was no contact information posted at the main studio location, consequently, the agent was unable to gain entrance to the main studio. The agent stayed at the main studio site for several hours, monitoring the stations. The agent telephoned multiple phone numbers, including two published phone numbers associated with Mount Rushmore and the Stations several times, but none of his calls were answered. During the time the agent was at the main studio location, an individual identifying himself as a former employee stopped by the main studio location and informed the agent that no one had been present at the main studio for more than a year.
On June 1st, during regular business hours, the agent returned and again attempted an inspection of the Stations? main studio. The agent stopped by the main studio several times throughout the day, during regular business hours. Each time, no employees were present and the agent was unable to gain access to the main studio. Both Stations were in operation and during each visit, the agent telephoned several phone numbers associated with the Stations but his calls were not answered. The agent then visited a non-affiliated business in the area owned by the president of Mount Rushmore. After being informed that the Mount Rushmore president was in the area, the agent left his business card with an employee who agreed to have the president contact the agent, however, the agent never heard from the president.
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