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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Hispanic Target Media Inc ) File No. EB-09-DV-0139

   Licensee of Station KALN )

   Facility ID # 164178 )

   Dexter, New Mexico ) NOV No. V201032800020



                              NOTICE OF VIOLATION

   Released: March 31, 2010

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Hispanic Target Media, Inc.,
       licensee of radio station KALN in Dexter, New Mexico. This Notice may
       be combined with a further action, if further action is warranted.

    2. On December 2, 2009, an agent of the Enforcement Bureau's Denver
       Office inspected radio station KALN, located at Roswell, New Mexico,
       and observed the following violations:

     a. 47 C.F.R. S: 11.15: "The EAS Operating Handbook...must be located at
        normal duty positions or EAS equipment locations when an operator is
        required to be on duty and be immediately available to staff
        responsible for authenticating messages and initiating actions." At
        the time of the inspection, no EAS Operating Handbook was available.

     b. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that 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, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in S:11.61(a)(1) and (a)(2).
        Appropriate entries indicating reasons why any tests were not
        received must be made in the broadcast log as specified in
        S:S:73.1820 and 73.1840 of this chapter for all broadcast streams..."
        At the time of the inspection, there were no entries in the station
        log indicating why the Required Monthly and Required Weekly tests and
        activations were missing since December 2008.

     c. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must
        have the capability to turn the transmitter off at all times. If the
        personnel are at a remote location, the control system must provide
        this capability continuously or must include an alternate method of
        acquiring control that can satisfy the requirement of paragraph (e)
        of this section that operation be terminated within three minutes."
        At the time of the inspection, the remote control system consisting
        of a dial-up remote control system was inoperative and transmitter
        control personnel were unable to have positive on/off control of the

     d. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must
        enable the licensee to determine compliance with S: 73.1560 regarding
        operating power and AM station mode of operation, S: 73.1570
        regarding modulation levels, and, where applicable S: 73.1213
        regarding antenna tower lighting, and S: 73.69 regarding the
        parameters of an AM directional antenna system." At the time of the
        inspection, no monitoring procedures and schedules were in place to
        check for operating power levels or modulation levels.

     e. 47 C.F.R. S: 73.1400(a): "The licensee of an AM, FM, TV, or Class A
        TV station is responsible for assuring that at all times the station
        operates within tolerances specified by applicable technical rules
        contained in this part and in accordance with the terms of the
        station authorization. Any method of complying with applicable
        tolerances is permissible..." At the time of the inspection, a
        dial-up remote control system was inoperative and the transmitter
        control personnel were unable to determine the power output of the
        transmitter or confirm the operation complied with the station's

     f. 47 C.F.R. S: 73.1560(b): "Except as provided in paragraph (d) of this
        section, the transmitter output power of an FM station, with power
        output as determined by the procedures specified in S: 73.267, which
        is authorized for output power more than 10 watts must be maintained
        as near as practicable to the authorized transmitter output power and
        may not be less than 90% nor more than 105% of the authorized
        power..." At the time of the inspection, KALN was operating with an
        output power of 45% of that authorized.

     g. 47 C.F.R. S: 73.1590(a)(1) : "The licensee of each AM, FM, TV and
        Class A TV station, except licensees of Class D non-commercial
        educational FM stations authorized to operate with 10 watts or less
        output power, must make equipment performance measurements for each
        main transmitter as follows:...upon initial installation of a new or
        replacement main transmitter." At the time of the inspection, no
        equipment performance measurements were available when the main
        transmitter was installed and operational in December 2008.

     h. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
        must be in writing with a copy of the designation posted with the
        station license." At the time of the inspection, there was no written
        designation posted with the station license designating the chief

    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, Hispanic Target Media, Inc., 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
       Hispanic Target Media, Inc., to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Hispanic Target Media, Inc., with
       personal knowledge of the representations provided in Hispanic Target
       Media, Inc., 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

   Denver Office

   215 S.Wadsworth Blvd., Suite 303

   Lakewood, Colorado 80226

    6. This Notice shall be sent to Hispanic Target Media, Inc., 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.


   Nikki P. Shears

   District Director

   Denver 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