Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Red Mountain Broadcasting, LLC ) File No. EB-11-P0-0136 Licensee of AM Broadcast Station KRDM ) Facility ID # 129314 ) NOV No. V201232920002 Redmond, Oregon ) NOTICE OF VIOLATION Released: January 11, 2012 By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission’s Rules,1 to the Red Mountain Broadcasting LLC (“Red Mountain”), licensee of AM broadcast station KRDM, Redmond, Oregon. 2. On October 18, 2011, an agent of the Enforcement Bureau’s Portland Office inspected radio station KRDM located in Redmond, Oregon, and observed the following violation: a. 47 C.F.R. § 73.1590(a)(6): “The licensee of each AM, FM, TV and Class A TV station, except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements.” At the time of the inspection on October 18, 2011, the FCC inspecting agent noted that the last Equipment Performance Measurements for the station were performed on October 11, 2009. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Red Mountain, must submit a written statement concerning this matter within 20 days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of the Red Mountain. All replies and documentation sent in 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 308(b). Federal Communications Commission 2 response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address: Federal Communications Commission Portland Resident Agent Office P.O. 61469 Vancouver, WA 98666 4. This Notice shall be sent to Red Mountain Broadcasting LLC at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Binh Nguyen Resident Agent Portland Resident Agent Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.