Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   San Diego Community College District )  File Nos. EB-09-SD-0155  

   Licensee of Radio Station KSDS(FM) )

   Facility ID # 58818  )  NOV No.  V201032940003 

   San Diego, 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 San Diego Community College
       District.  ("SDCCD"), licensee of radio station KSDS(FM), San Diego,
       California.  This Notice may be combined with a further action, if
       further action is warranted.

    2. On November  19, 2009, agents of the Enforcement Bureau's San Diego 
       Office inspected KSDS at its main studio location at 1313 Park
       Boulevard, San Diego, California and observed the following

     a. 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 tests were not received and what corrective actions were
        taken 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 Required Weekly Tests (RWTs) and
   Required Monthly Test (RMTs) had been sporadically missed and what
   corrective actions were taken over the three months prior to the

     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 Mapbook."

   At the time of inspection, the agents found that there was no record that
   EAS equipment was  receiving the second  designated local primary (LP-2)
   radio station KLSD, 1360 kHz, San Diego, CA.

     c. 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 found in the public inspection files for KSDS were not drafted in a
   format that provided all the information as required by this rule section.

    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 violation(s) and any remedial actions the station may
       have taken.  Therefore, SDCCD 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
       SDCCD to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of SDCCD with personal knowledge of the
       representations provided in SDCCD'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 San Diego 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