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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Alpha Licensee, LLC ) File No.EB-FIELDWR-13-00006922

   Licensee of Station KUPL(FM) )

   Facility ID # 4114 )

   ) NOV No. V201332920009

   Portland, Oregon )

                              NOTICE OF VIOLATION

   Released: March 13, 2013

   By the Resident Agent, Portland Resident Agent 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 Alpha Licensee, LLC (Alpha),
       licensee of radio station KUPL(FM) in Portland, Oregon. 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 February 20 and 21, 2013, in response to a complaint, an agent of
       the Enforcement Bureau's Portland Office monitored radio station
       KUPL(FM) in Portland, Oregon, and observed the following violations:

     a. 47 C.F.R. S 73. 1201(a): " Broadcast station identification
        announcements shall be made: . . . (2) [h]ourly, as close to the hour
        as feasible, at a natural break in program offerings." During the
        time of monitoring on February 20, 2013, between 12:49 p.m. PST to
        1:30 p.m. PST, and February 21, 2013, between 10:56 a.m. PST to 11:07
        a.m. PST, the Portland agent did not observe any official station

     b. 47 C.F.R. S 73.1201(b): "Official station identification shall
        consist of the station's call letters immediately followed by the
        community or communities specified in its license as the station's
        location; Provided, That the name of the licensee, the station's
        frequency, the station's channel number, as stated on the station's
        license, and/or the station's network affiliation may be  inserted
        between the call letters and station location." During the time of
        monitoring on February 20, 2013, from 12:49 p.m. PST to 1:30 p.m.
        PST, and February 21, 2013, between 10:56 a.m. PST to 11:07 a.m. PST,
        the Portland agent did not observe any official station
        identification with the call letters specified in the station's

    3. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Commission's Rules, we seek
       additional information concerning the violations and any remedial
       actions taken. Therefore, Alpha, 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.^

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Alpha  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Alpha with personal knowledge of the
       representations provided in Alpha'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 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.^

    5. 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

   Portland Resident Agent Office

   P.O. Box 61469

   Vancouver, WA 98666-1469

    6. This Notice shall be sent to Alpha Licensee, LLC, at its address of

    7. 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent 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