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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Estate of Linda Ware, Cynthia Ramage, Executor )  File No.

   Licensee of Station KZPO )

   Facility ID # 37725  ) NOV No. V201332960014

   Lindsay, CA  )


                              NOTICE OF VIOLATION

                                                  Released: February 21, 2013

   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 (Rules),^ to Estate of Linda Ware, Cynthia
       Ramage, Executor (Estate),  licensee of radio station KZPO  serving
       Lindsay, 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 June 14, 2012, an agent of the Enforcement Bureau's San Francisco
       Office inspected radio station KZPO located at Visalia, California and
       observed the following violations:

     a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Service must be
        used and operated only in accordance with the rules applicable to
        their particular service as set forth in this title and with a valid
        authorization granted by the Commission under the provisions of this
        part..."  On June 14 and 15, 2012 the agent monitored a Studio
        Transmitter Link (STL) on frequency 949.0 MHz, and heard the KZPO
        content being transmitted.  The agent confirmed by direction finding
        techniques that the signal on 949.0 MHz was emanating from the KZPO
        studio at 1830 S. Mooney Blvd.,  in Visalia, California.  A search of
        the Commission's records revealed that KZPO did not have an
        authorization to transmit on 949.0 MHz.

     b. 47 C.F.R. S 11.52(d) "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 KZPO was not monitoring the LP2 station.

     c. 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 logs indicating why KZPO did not
        receive numerous Required Weekly Tests from KMJ-AM or KFSN-TV30
        during the period of January 1, 2012, to June 15, 2012.

     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 KZPO's public
        inspection file did not have the First, Second, Third and Fourth
        quarters of the Issues and Programs List for the calendar year of
        2011 or the First quarter of 2012.

     e. 47 C.F.R S 73.1870(b)(3): "The designation of the chief operator must
        be in writing with a copy of the designation posted with station
        license. Agreements with chief operator's serving on a contract basis
        must be in writing with a copy kept in the station files."  At the
        time of the inspection, KZPO did not have chief operator designation
        in writing.

    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, the Estate 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 the Estate to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       the Estate  with personal knowledge of the representations provided in
       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 regulatee'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 Office

   5653 Stoneridge Dr., Suite 105

   Pleasanton, California, 94588

    7. This Notice shall be sent to Estate of Linda Ware, Cynthia Ramage,
       Executor,  at her  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.


   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 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