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  )


   LBI Radio License LLC ) File No. EB-FIELDWR-12-00001216

   Licensee of Radio Station KEBN )

   Facility ID # 50513 )

   Garden Grove, CA ) NOV No. V201232900018


                              NOTICE OF VIOLATION

   Released: May  23, 2012

   By the District Director, Los Angeles District 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 LBI Radio License LLC (LBI), licensee of
       radio station KEBN serving Garden Grove, California. This Notice may
       be combined with a further action, if further action is warranted.

    2. On March 13, 2012, an agent of the Enforcement Bureau's Los Angeles
       Office inspected radio station KEBN and observed the following

     a. 47 C.F.R. S: 11.35(a): "[Emergency Alert System (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 KEBN did not receive Required
        Weekly Tests from the Orange County, California, LP-1 or LP-2
        stations. The inspection did show that tests were being received from
        Los Angeles County LP-1 station (KFI) during the three month period
        prior to the inspection.

     b. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
        for completion of the following duties specified in this paragraph
        below. ... (3) Review of the station records at least once each week
        to determine if required entries are being made correctly.
        Additionally, verification must be made that the station has been
        operated as required by the rules or the station authorization. Upon
        completion of the review, the chief operator or his designee must
        date and sign the log, initiate any corrective action which may be
        necessary, and advise the station licensee of any condition which is
        repetitive." At the time of inspection, the Chief Operator had not
        signed the EAS logs for over three months.

    3. On March 15, 2012 an agent of the Enforcement Bureau's Los Angeles
       Office monitored radio station KEBN, and observed the following

     a. 47 C.F.R. S: 11.61(a)(1)(i): "(a)(1) Required Monthly Tests of the
        EAS header codes, Attention Signal, Test Script and EOM code. (i) ...
        These monthly tests must be transmitted within 60 minutes of receipt
        by EAS Participants in an EAS Local Area or State...." The agent's
        monitoring found that KEBN did not retransmit the required monthly
        test which was issued at 11:00 AM on March 15, 2012 by the Orange
        County LP-1 and LP-2 stations in accordance with the Orange County,
        California, local EAS plan.

    4. 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, LBI 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.

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

    6. 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

   Los Angeles District Office

   18000 Studebaker Road, Suite 660

   Cerritos, CA 90703

    7. This Notice shall be sent to LBI Radio License LLC at its address of

    8. 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.


   Nader Haghighat

   District Director

   Los Angeles 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