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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   KM Radio of Merced, L.L.C. ) File No. EB-11-SF-0113

   Licensee of Station KBKY )

   Facility ID #78433 )

   Merced, CA ) NOV No. V201232960018



                              NOTICE OF VIOLATION

   Released: December 23, 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 KM Radio of Merced, L.L.C. ("KM
       Radio"), licensee of radio station KBKY in Merced, California. This
       Notice may be combined with a further action, if further action is

    2. On July 14, 2011, an agent of the Enforcement Bureau's San Francisco
       Office inspected KM Radio's main studio located at 2855 G Street,
       Merced, California 95340, and observed the following violations:

     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..." The State Plan specified the LP-2 assignment to be KFSN-TV
        Channel 30, Fresno, CA. At the time of inspection KBKY was not
        monitoring the LP2 station.

     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 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 KBKY's logs indicating why the
        required monthly tests (RMTs) had not been received over the three
        months prior to the inspection.

     c. 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." KBKY
        failed to ensure that, over the three months prior to the inspection,
        RMTs of the EAS system were transmitted.

   d. 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. The lists described in this
   paragraph shall be retained in the public inspection file until final
   action has been taken on the station's next license renewal application."
   Radio station KBKY's public inspection file did not have the First and
   Second Quarters of the Issues and Programs Lists for the calendar year of

    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, KM 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
       KM 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 KM Radio with personal knowledge of the
       representations provided in KM 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 Francisco District Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California 94588

    6. This Notice shall be sent to KM Radio of Merced, L.L.C. 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. VanStavern

   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 C.F.R. S: 73.3526(e)(12).

   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