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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Kern Community Radio Inc. )
Licensee of Station KSVG ) File Nos.: EB-FIELDWR-17-00024250
Mettler, California )
NOTICE OF VIOLATION
Released: July 25, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
to Kern Community Radio Inc. (KCR Inc.), licensee of FM radio station
KSVG in Bakersfield, California. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
not preclude the Federal Communications Commission’s (Commission’s) Enforcement Bureau (Bureau)
from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the
violation(s) noted herein.
2. On May 23, 2017, Agents from the Bureau’s Los Angeles Office monitored and
inspected KSVG station facilities in Bakersfield, California, and observed violations of the following
a. 47 CFR § 73.1350(a): “Each licensee is responsible for maintaining and
operating its broadcast station in a manner which complies with the technical
rules . . . and in accordance with the terms of the station authorization.”
Agents could not hear the station in the vicinity of its licensed location and
used radio direction-finding techniques to locate it at 35° 23' 05 " north
latitude, 118° 58' 18 " west longitude, which was over 28 miles from the
licensed location. During the subsequent inspection of the station’s actual
operating location, the licensee stated that the station had first been moved
from its authorized location sometime in June of 2016.
b. 47 CFR § 73.1560(d): “Reduced power operation. In the event it becomes
technically impossible to operate at authorized power, a broadcast station
may operate at reduced power for a period of not more than 30 days without
specific authority from the FCC. If operation at reduced power will exceed
10 consecutive days, notification must be made to the FCC in Washington,
47 CFR § 1.89.
47 CFR § 1.89(a).
47 CFR § 73.1350(a).
DC, Attention: Audio Division (radio) or Video Division (television), Media
Bureau, not later than the 10th day of the lower power operation. In the event
that normal power is restored within the 30 day period, the licensee must
notify the FCC of the date that normal operation was restored. If causes
beyond the control of the licensee prevent restoration of the authorized power
within 30 days, a request for Special Temporary Authority (see §73.1635)
must be made to the FCC in Washington, DC for additional time as may be
necessary”. During the inspection on May 23, 2017, the agents observed the
station operating a with a transmitter power output (TPO) of 420 watts. With
the antenna and feedline in use the agents calculated that the effective
radiated power (ERP) of KSVG was 191 watts. This power level is far below
the 1700 watts authorized ERP for KSVG. The licensee stated that the station
had been operating at this level for about one month and that no notification
to Media Bureau had been sent.
c. 47 CFR § 11.52(d)(1): “With respect to monitoring for EAS messages that
are formatted in accordance with the EAS Protocol, 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 and FCC Mapbook. They are developed in accordance with FCC
At the time of the inspection, the FCC agents
observed that KSVG was receiving CAP alerts but only one other source for
EAS alerts and tests and that source was not one of the sources identified in
the Kern County CA EAS plan.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, KCR 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.
4. In accordance with Section 1.16 of the Rules, we direct KCR 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 KCR Inc. with personal knowledge of the representations provided in KCR Inc.’s response,
verifying the truth and accuracy of the information therein,
and confirming that all of the information
47 CFR 11.52(d)(1).
47 U.S.C. § 403.
47 CFR § 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)’.”
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.
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
Los Angeles Office
18000 Studebaker Rd. #660
Cerritos, CA 90703
6. This Notice shall be sent to Kern Community Radio Inc. at its address of record.
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.
FEDERAL COMMUNICATIONS COMMISSION
47 CFR § 1.16.
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
See 5 U.S.C. § 552a(e)(3).