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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Bird Street Media Project ) File No. EB-09-SF-0047

   Licensee of Radio Station KRBS-LP )

   ID # 124347 )

   Oroville, California ) NOV No. V201132960008


                              NOTICE OF VIOLATION

                                                    Released: January 7, 2011

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Bird Street Media Project ("Bird"),
       licensee of radio station KRBS-LP in Oroville, California. This Notice
       may be combined with a further action, if further action is warranted.

    2. On August 27, 2010, agents of the Enforcement Bureau's San Francisco
       Office conducted an inspection of KRBS-LP and observed the following

   a.  47 C.F.R. S: 11.15: "A copy of the [Emergency Alert System (EAS)]
   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, the agents observed that no EAS
   Handbook was available.

   b.  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 inspection, the agents
   observed that  the logs did not indicate why no monthly test was received.

   c. 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 the inspection, the agents observed that KRBS-LP  was monitoring
   only one EAS source.

   d. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at regular
   intervals, as specified in paragraphs (a)(1) and (a)(2) of this section. .
   . . EAS activations and special tests may be performed in lieu of required
   tests as specified in paragraph (a)(4) of this section. All tests will
   conform with the procedures in the EAS Operating Handbook." At the time of
   the inspection, Bird Street Media Project  failed to ensure, over the
   three months prior to the inspection, that regular tests of the EAS system
   were conducted.

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

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    6. This Notice shall be sent to Bird 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.


   Thomas N. Van Stavern

   District Director

   San Francisco 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