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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Post Rock Communications ) File No. EB-FIELDWR-13-00006354

   Licensee of Station KKYT )


   Facility ID # 190406 ) NOV No. V201332900009

   Ridgecrest, California )


                              NOTICE OF VIOLATION

   Released: February 25, 2013

   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 Post Rock Communications,
       licensee of radio station in Ridgecrest, 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 December 12 and 18, 2012, agents of the Enforcement Bureau's Los
       Angeles Office inspected radio station KKYT located at 121 W
       Ridgecrest Blvd, Ridgecrest, 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 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 SS 73.1820 and 73.1840 of this chapter for all broadcast
   streams...." At the time of the inspections, the agents observed that
   KKYT's EAS equipment was not installed and not operational.

   b. 47 C.F.R. S 73.3526(a)(2): "Every permittee or licensee of an AM, FM,
   TV or Class A TV station in the commercial broadcast services shall
   maintain a public inspection file . . . ." At the time of inspections, the
   agents observed that KKYT did not maintain a public inspection file.

   c. 47 S 73.1350(a): "Each licensee is responsible for maintaining and
   operating its broadcast station in a manner which complies with the
   technical rules set forth elsewhere in this part and in accordance with
   the terms of the station authorization." At the time of inspections, the
   agents observed that the station's transmission system was not in
   accordance with the terms of the station authorization. Specifically, the
   agents observed that the two-bay antenna system was installed at a lower
   height than authorized.

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

   Los Angeles Office

   18000 Studebaker Rd., Ste 660

   Cerritos, California 90703

    7. This Notice shall be sent to Post Rock Communications 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