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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Adelman Broadcasting, Inc. ) File No. EB-FIELDWR-12-00002997

   Licensee of Station KRAJ )

   Facility ID # 84860 )

   ) NOV No. V201332900003

   Johannesburg, CA  )

                              NOTICE OF VIOLATION

   Released: November 30, 2012

   By the Acting District Director, Los Angeles Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to Adelman Broadcasting, licensee
       of radio station KRAJ serving Johannesburg, California. Pursuant to
       Section 1.89(a) of the Rules, issuance of this Notice does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violations noted herein.

    2. On June 18, 2012, an agent of the Enforcement Bureau's Los Angeles
       Office inspected radio station KRAJ located at Ridgecrest, CA, 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
        S:11.61(a)(1) and (2). Appropriate entries indicating reasons why any
        tests were not received must be made in the broadcast station log as
        specified in S:S:73.1820 and 73.1840 of this chapter for all
        broadcast streams. . . . " At the time of the inspection, the KRAJ
        logs were illegible and there was no entry indicating why KRAJ did
        not receive any alerts or tests from some of its assigned monitoring
        sources, during the three month period preceding the inspection.

     b. 47 C.F.R. S: 11.51(m)(1): "Automatic interrupt of programming and
        transmission of EAS messages are required when facilities are
        unattended. Automatic transmissions must include a permanent record
        that contains at a minimum the following information: Originator,
        Event, Location and valid time period of the message. The decoder
        performs the functions necessary to determine which EAS messages are
        automatically transmitted by the encoder." At the time of the
        inspection, the printer recording the tests and alerts processed
        automatically by the EAS decoder/encoder had partially failed
        resulting in illegible records. Other records for EAS tests and
        alerts received and retransmitted automatically by the KRAJ EAS
        decoder/encoder equipment were being kept manually on hand-written
        notes, based on observations made by station personnel monitoring the
        KRAJ retransmissions of these events. These records  did not include
        sufficient information to determine compliance with this rule. 

     c. 47 C.F.R. S: 73.1560(b): "FM stations. Except as provided in
        paragraph (d) of this section, the transmitter output power of an FM
        station, with power output as determined by the procedures specified
        in S:73.267, which is authorized for output power more than 10 watts
        must be maintained as near as practicable to the authorized
        transmitter output power and may not be less than 90% nor more than
        105% of the authorized power. FM stations operating with authorized
        transmitter output power of 10 watts or less, may operate at less
        than the authorized power, but not more than 105% of the authorized
        power." At the time of the inspection, the agent observed that the
        KRAJ appeared to operating at less than 71% of its authorized power.

    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.

    4. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore,
       Adelman Broadcasting Inc., 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 Rules, we direct Adelman
       Broadcasting Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Adelman Broadcasting Inc. with personal
       knowledge of the representations provided in Adelman Broadcasting
       Inc.'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 Office

   18000 Studebaker Road., Suite 660

   Cerritos, CA 90703

    7. This Notice shall be sent to Adelman Broadcasting, Inc., at its
       address of record.

    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.


   Margaret M. Egler

   Acting District Director

   Los Angeles 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: 308(b).

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the 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