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 )


   Radio Disney Group LLC )  File Nos. EB-09-SD-0176

   Licensee of Radio Station KMIK(AM) )

   Facility ID # 7701 ) NOV No. V201032940004

   Tempe, Arizona )

                              NOTICE OF VIOLATION

   Released: February 19, 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 Radio Disney Group, LLC, licensee
       of AM Broadcast radio station KMIK(AM), Tempe, AZ.  This Notice may be
       combined with a further action, if further action is warranted.

    2. On December 9, 2009,  an agent  of the Enforcement Bureau's San Diego 
       Office inspected KMIK,  located at 4602 E. University Drive, Suite
       #150, Phoenix, AZ, and observed the following violation:

   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 any tests were not received or sent 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 agent found that there were no entries
   in the station log indicating why the Required Weekly Tests  (RWTs) had
   not been received from the first local primary (LP-1) KTAR(AM) and why
   RWTs were transmitted sporadically over the three months prior to the

    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. 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, Radio Disney Group, LLC, 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
       Radio Disney Group, LLC, to support its response to this Notice with
       an affidavit or declaration under penalty of perjury, signed and dated
       by an authorized officer of Radio Disney Group, LLC, with personal
       knowledge of the representations provided in Radio Disney Group, LLC
       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 Radio Disney Group, LLC, 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