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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Emerald Wave Media ) File No. EB-09-LA-0144
Licensee of Radio Station KRTO )
Facility ID # 7101 )
) NOV No. V201032900004
Guadalupe, CA )
)
NOTICE OF VIOLATION
Released: December 10, 2009
By the District Director, Los Angeles District Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Emerald Wave Media, licensee of
radio station KRTO in Guadalupe, CA.
2. On November 5, 2009, agents of the Enforcement Bureau's Los Angeles
Office monitored radio station KRTO, serving Guadalupe, CA, and
observed the following violation:
a. 47 C.F.R. S: 73.1570(b)(2): "Maximum modulation levels must meet the
following limitations: FM Stations. (ii) In no event may the
modulation of the carrier exceed 110 percent (82.5 kHz peak
deviation)." At the time of the monitoring, agents observed that the
peak deviation of KRTO's RF signal was 92 kHz on several occasions,
exceeding 110% (or 82.5 kHz peak deviation).
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Emerald Wave
Media must submit a written statement concerning this matter within 20
days of release of this Notice. The response must fully explain the
violation, must contain a statement of the specific action(s) taken to
correct the 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
Emerald Wave Media. 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 District Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent by Certified Mail/Return Receipt Requested
and regular mail to Emerald Wave Media at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angels District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission