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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Gulf-California Broadcasting Company ) File No. EB-FIELDWR-12-00001452

   Licensee of Radio Station KESQ )

   Facility ID # 52181 )

   Indio, CA ) NOV No. V201232940014


                              NOTICE OF VIOLATION

   Released:  April 4, 2012

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's Rules, to  Gulf-California Broadcast Company
       (Gulf-CA), licensee of radio station KESQ  in Indio, CA. This Notice
       may be combined with a further action, if further action is warranted.

    2. On  February 29, 2012, an agent of the Enforcement Bureau's San Diego 
       Office inspected  radio station  KESQ located at Palm Desert, CA, and
       observed the following violation:

     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 the station's logs indicating
        why KESQ did not receive numerous  Required Weekly Tests  (RWTs) and
        Required Monthly Tests from KDES-FM and KCLB-FM  during the period
        from  December 25, 2011 to February 25, 2012. In addition, there were
        no entries in the station's logs indicating why numerous RWTs were
        not sent by KESQ during the same period.

    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. 

   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, Gulf-CA 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

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Gulf-CA  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Gulf-CA  with personal knowledge of the
       representations provided in Gulf-CA'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 District Office

   4542 Ruffner St., #370

   San Diego, CA 92111

    6. This Notice shall be sent to Gulf-California Broadcast Company, 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.


   James T. Lyon

   District Director

   San Diego 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