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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Palomar Community College District )  File Nos. EB-09-SD-0150  

   Licensee of Radio Station KKSM )

   Facility ID # 51506 ) NOV No. V201032940002

   Oceanside, California ) 

                              NOTICE OF VIOLATION

   Released: January 4, 2010

   By the District Director, San Diego  Office, Western Region, Enforcement

    1. This is a  Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Palomar Community College District,
       licensee of Non-Commercial AM Broadcast radio station KKSM, Oceanside,
       CA.  This Notice may be combined with a further action, if further
       action is warranted.

    2. On October 28, 2009,  an agents  of the Enforcement Bureau's San Diego
       Office inspected KKSM,  located at 1140 W. Mission Road, San Marcos,
       CA, and observed the following violations:

     a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial
        educational radio broadcast stations, every three months a list of
        programs that have provided the  station's most significant treatment
        of community issues during the preceding three month period. ... The
        list shall include a brief narrative  describing what issues were
        given significant treatment and what programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to the time, date, duration, and the title of each
        program in which the issue was treated...."

   At the time of the inspection, the agents found that the issues/program
   lists in the public inspection files for KKSM were not drafted in a format
   that provided all the information as required by this rule section, and
   that the issues/programs lists for several quarters were missing.

   b. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS sources.
   The monitoring assignment of each broadcast station and cable system and
   wireless cable system are specified in the State EAS Plan and FCC

   At the time of inspection, the agents found that KKSM was not monitoring
   the second designated local primary (LP-2) radio station KLSD, San Diego, 

   c. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
   any failure to receive the required tests or activations specified in
   Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
   why any tests were not received must be made in the broadcast station log
   as specified in Sections 73.1820 and 73.1840 of this chapter for all
   broadcast streams . . . . "

   At the time of the inspection, the agents found that there were no entries
   in the station log indicating why tests had been sporadically missed over
   the three months prior to the inspection.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.  Pursuant
       to Section 403 of the Communications Act of 1934, as amended, and
       Section 1.89 of the Commission's Rules, we seek additional information
       concerning the violations and any remedial actions the station may
       have taken.  Therefore, Palomar Community College District must submit
       a written statement concerning this matter within twenty (20) days of
       release of this Notice. The response (i) must fully explain each
       violation, including all relevant surrounding facts and circumstances,
       (ii) must contain a statement of the specific action(s) taken to
       correct each violation and preclude recurrence, and (iii) must include
       a time line for completion of any pending corrective action(s). The
       response must be complete in itself  and must not be abbreviated by
       reference to other communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Palomar Community College District to support its response to this
       Notice with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of Palomar Community College
       District with personal knowledge of the representations provided in
       Palomar Community College District 's response, verifying the truth
       and accuracy of the information therein, and confirming that all of
       the information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

   San Diego District  Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to Palomar Community College District at its
       address of record.

    7. 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.


   William R. Zears Jr.

   District Director

   San Diego  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission