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 )


   Vanguard Media LLC ) File No. EB-11-SD-0037

   Licensee of Radio Station KRKE )

   Facility ID # 65257 )

   Albuquerque, NM ) NOV No. V201132940003


                              NOTICE OF VIOLATION

   Released: March 10, 2011

   By the Acting District Director, San Diego 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 Vanguard Media LLC ("Vanguard
       Radio"), licensee of radio station KRKE, licensed to serve
       Albuquerque, New Mexico.

    2. On February 9, 2011, an agent of the Enforcement Bureau's San Diego
       Office inspected the KRKE main studio located in Albuquerque, New
       Mexico, and observed the following violations:

     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 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, there were no entries in KRKE's logs indicating why the
        required monthly tests (RMTs) had been sporadically missed over the
        three months prior to the inspection.

     b. 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. Additional tests may be performed anytime. 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." KRKE
        failed to ensure that, over the three months prior to the inspection,
        that RMTs of the EAS system were received and transmitted.

     c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM 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.). The list shall include a brief
        narrative describing what issues were given significant treatment and
        the programming that provided this treatment. The description of the
        programs shall include, but shall not be limited to, the time, date,
        duration, and title of each program in which the issue was treated."
        At the time of the inspection, the issues-programs lists for the
        third and fourth quarters for 2010 were not found in the public
        inspection file.

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

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to Vanguard Media LLC at its address of

    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 T. Lyon

   Acting  District Director

   San Diego District Office

   Western 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