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 )


   Center For Communication & Development ) File No. EB-10-CG-0260

   Licensee of Radio Station KMOJ )

   Facility ID # 14679 ) NOV No. V201132320003

                              NOTICE OF VIOLATION

                                                  Released: December 22, 2010

   By the District Director, Chicago Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Center For Communication &
       Development ("CFCD"), licensee of

   Station KMOJ in Minneapolis, Minnesota. This Notice may be combined with
   further action, if further action is warranted.

    2. On December 1, 2010, an agent of the Enforcement Bureau's Chicago
       Office inspected Station KMOJ at the station's main studio at 2123
       West Broadway, Minneapolis, Minnesota, and observed the following

   a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources.
   The monitoring assignments of each broadcast station and cable system and
   wireless cable system are specified in the State EAS Plan and FCC Mapbook.
   They are developed in accordance with FCC monitoring priorities." At the
   time of inspection, Station KMOJ was monitoring only one EAS source.

   b. 47. C.F. R. S: 11.61(b): "Entries shall be made in EAS Participant
   records, as specified in S:S: 11.35(a) and 11.54(b)(13)." A review of the
   station's EAS logs revealed that monthly tests were not received and
   retransmitted during July, October, and November. No weekly tests were
   received or transmitted during October. There were no entries in the
   station log indicating the reason why the required monthly tests and
   required weekly tests were not received or transmitted.

   c. 47 C.F.R. S: 73.3527(d)(8)(i): "Issues/programs lists. For non-exempt
   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 for each calendar quarter is to be filed by the tenth day of the
   succeeding calendar quarter (e.g. January 10 for the quarter
   October-December, April 10 for the quarter January-March, etc.)." At the
   time of inspection, the agent found that the public file was missing the
   issues/programs list for 2nd Quarter and 3rd Quarter 2010.

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

   Chicago Office

   1550 North Northwest Highway, Room 306

   Park Ridge, IL 60068

    6. This Notice shall be sent to Center For Communication & Development 
       at 2123 West Broadway, Minneapolis, MN 55411.

    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.


   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   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