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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Big Broadcasting, Inc. )  File No. EB-FIELDWR-12-00002952

   Licensee of Station  KOKO-FM )

   Facility ID # 3970 )

   Kerman, California ) NOV No. V201332960012



                              NOTICE OF VIOLATION

                                                  Released: December 21, 2012

   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 Big Broadcasting, Inc.,  licensee of
       radio station KOKO-FM  serving  Kerman, 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 April 19, 2012, an agent of the Enforcement Bureau's San Francisco 
       District Office inspected radio station KOKO-FM  located in Fresno,
       California 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
        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 KOKO-FM's logs indicating why
        the required monthly tests (RMTs) had not been received over the
        three months prior to the inspection.

     b. 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." KOKO-FM
        failed to ensure that, over the three months prior to the inspection,
        that RMTs of the EAS system were transmitted.

     c. 47 C.F.R. S: 11.52(d)(1): "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, revised as of January 20, 2004, specified
        the LP-2 assignment to be KFSN-TV Channel 30, Fresno, CA. At the time
        of inspection KOKO-FM was not monitoring the LP-2 station."

     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 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 KOKO-FM's public
        inspection file did not have the third and fourth quarters of the
        Issues and Programs List for the calendar year of 2011.

    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 the station may
       have taken. Therefore, Big 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 Big
       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 Big Broadcasting, Inc. with personal
       knowledge of the representations provided in Big Broadcasting, Inc.
       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 Francisco  District Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    7. This Notice shall be sent to Big Broadcasting, Inc. 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.


   David K. Hartshorn

   District Director

   San Francisco  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