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 )


   Compass Radio of San Diego, Inc. )   File No. EB-FIELDWR-12-5387

   Licensee of Station KPRI )


   Facility ID # 51503 )

   ) NOV No. V201332940003

   Encinitas, CA )

                              NOTICE OF VIOLATION

   Released: December 5, 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 (Rules), to  Compass Radio of San Diego,
       Inc.  (Compass Radio), licensee of radio station KPRI  in Encinitas,
       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 violation(s) noted herein.

    2. On November 19, 2012, an agent of the Enforcement Bureau's San Diego
       Office inspected radio station KPRI located at 9710 Scranton Road,
       Suite 200, San Diego, California, and observed the following

     a. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol (CAP) are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, 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 inspection, KPRI did not have records to indicate
        their equipment was receiving tests formatted with the Common
        Alerting Protocol (CAP). Additionally, there were no records to
        determine the cause of failure to receive the CAP tests.

    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 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,
       Compass 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.

    5. In accordance with Section 1.16 of the Commission's Rules, we direct 
       Compass 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  Compass Radio with personal knowledge of the
       representations provided in  Compass 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.

    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

   San Diego Office

   4542 Ruffner St., # 370

   San Diego, CA 92111

    7. This Notice shall be sent to  Compass Radio of San Diego, 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.


   James T. Lyon

   District Director

   San Diego 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 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