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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
California Polytechnic State University      )    File No. EB-04-
LA-194
Licensee of Radio Station KCPR  )
Facility ID #8324               )            NOV              No.  
V200432900011
San Luis Obispo, California     )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released:  September 
13, 2004

By the District Director, Los Angeles 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 
     California Polytechnic State University, licensee of radio 
     station KCPR.  

  2.      On August 18, 2004, agents of the Commission's Los 
     Angeles Office inspected radio station KCPR located at San 
     Luis Obispo, and observed the following violation(s):  

       2.a. 47 C.F.R.  11.35(a): ``Broadcast stations and cable 
                 systems and wireless cable 
            systems are responsible for ensuring that Emergency 
            Alert System (EAS) Encoders, EAS Decoders and 
            Attention Signal generating and receiving equipment 
            used as part of the EAS are installed so that the 
            monitoring and transmitting functions are available 
            during the times the stations and systems are in 
            operation.  Additionally, broadcast stations and 
            cable systems and wireless cable systems must 
            determine the cause of any failure to receive the 
            required tests or activations specified in  
            11.61(a) (1) and (2). Appropriate entries must be 
            made in the broadcast station log as specified in  
            73.1820 and  73.1840 of this chapter . . . 
            indicating reasons why any tests were not 
            received.''   During the inspection on August 18, 
            2004, the EAS monitor receivers (Panasonic K550s) 
            were not tuned to the designated LP1 and LP2 
            frequencies and no logs of EAS tests or activations 
            were available for dates more recent than December 
            4, 2003.  

  2.b.      47 C.F.R  11.15  ``The EAS Operating Handbook 
            states in summary form the actions to be taken 
            by personnel at broadcast stations, cable 
            systems, and wireless cable systems, and other 
            participating entities upon receipt of an 
            Emergency Action Notification (EAN), and 
            Emergency Action Termination (EAT), tests, or 
            State and Local Area alerts.  It is issued by 
            the FCC and contains instructions for the above 
            situations.  A copy of the Handbook must be 
            located at normal duty positions or EAS 
            equipment locations when an operator is 
            required to be on duty, and immediately 
            available to staff responsible for 
            authenticating messages and initiating 
            actions.''  During the inspection on August 18, 
            2004, no EAS Handbook was available.  

  2.c.      47 C.F.R.  73.3527(a)(2) ``Every permittee or 
            licensee of an AM, FM or TV station in the non-
            commercial educational broadcast services shall 
            maintain a public inspection file containing 
            the material, relating to that station, 
            described in paragraphs (e)(1) through e(11) of 
            this section.''  During the inspection on 
            August 18, 2004, the public inspection file was 
            not organized in accordance with the categories 
            set forth in the rules and contained no 
            information more recent that 1985.  Specific 
            omissions noted were: 1) most recent license 
            renewal; 2) contour map; 3) ownership 
            report/certification; 4) employment report; and 
            5) donor lists.  In addition, the most recent 
            version of ``The Public & Broadcasting'' manual 
            was not available.  The most recent version of 
            that manual can be accessed online at 
            http://www.fcc.gov/mb/audio/decdoc/public_and_-
            broadcasting.html .
         
  2.d.      47 C.F.R.  73.1870(a)(3) ``The designation of 
            the chief operator must be in writing with a 
            copy of the designation posted with the station 
            license.''  At the inspection on August 18, 
            2004, no chief operator designation was posted 
            with the license, or otherwise available for 
            review by the inspectors.  

 
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, California Polytechnic State University, 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 
     licensee.  All replies and documentation sent in 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
                 Los Angeles Office
                 18000 Studebaker Road, Suite 660
                 Cerritos, CA  90703


  4.      This Notice shall be sent to California Polytechnic 
     State University, Graphic Arts Building 201, San Luis 
     Obispo, CA  93407.

  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




                                Catherine Deaton
                                District Director
                                Los Angeles Office
                                Western Region
                                Enforcement Bureau





_________________________

147 C.F.R.  1.89.

247 U.S.C.  308(b).
3P.L. 93-579, 5 U.S.C.  552a(e)(3).

418 U.S.C.  1001 et seq.