Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
California Polytechnic State University ) File No. EB-04-
LA-194
Licensee of Radio Station KCPR )
Facility ID #8324 ) NOV No.
V200432900011
San Luis Obispo, California )
)
NOTICE OF VIOLATION
Released: September
13, 2004
By the 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,1 to
California Polytechnic State University, licensee of radio
station KCPR.
2. On August 18, 2004, agents of the Commission's Los
Angeles Office inspected radio station KCPR located at San
Luis Obispo, and observed the following violation(s):
2.a. 47 C.F.R. § 11.35(a): ``Broadcast stations and cable
systems and wireless cable
systems are responsible for ensuring that Emergency
Alert System (EAS) Encoders, EAS Decoders and
Attention Signal generating and receiving equipment
used as part of the EAS are installed so that the
monitoring and transmitting functions are available
during the times the stations and systems are in
operation. Additionally, broadcast stations and
cable systems and wireless cable systems must
determine the cause of any failure to receive the
required tests or activations specified in §§
11.61(a) (1) and (2). Appropriate entries must be
made in the broadcast station log as specified in §
73.1820 and § 73.1840 of this chapter . . .
indicating reasons why any tests were not
received.'' During the inspection on August 18,
2004, the EAS monitor receivers (Panasonic K550s)
were not tuned to the designated LP1 and LP2
frequencies and no logs of EAS tests or activations
were available for dates more recent than December
4, 2003.
2.b. 47 C.F.R § 11.15 ``The EAS Operating Handbook
states in summary form the actions to be taken
by personnel at broadcast stations, cable
systems, and wireless cable systems, and other
participating entities upon receipt of an
Emergency Action Notification (EAN), and
Emergency Action Termination (EAT), tests, or
State and Local Area alerts. It is issued by
the FCC and contains instructions for the above
situations. A copy of the Handbook must be
located at normal duty positions or EAS
equipment locations when an operator is
required to be on duty, and immediately
available to staff responsible for
authenticating messages and initiating
actions.'' During the inspection on August 18,
2004, no EAS Handbook was available.
2.c. 47 C.F.R. § 73.3527(a)(2) ``Every permittee or
licensee of an AM, FM or TV station in the non-
commercial educational broadcast services shall
maintain a public inspection file containing
the material, relating to that station,
described in paragraphs (e)(1) through e(11) of
this section.'' During the inspection on
August 18, 2004, the public inspection file was
not organized in accordance with the categories
set forth in the rules and contained no
information more recent that 1985. Specific
omissions noted were: 1) most recent license
renewal; 2) contour map; 3) ownership
report/certification; 4) employment report; and
5) donor lists. In addition, the most recent
version of ``The Public & Broadcasting'' manual
was not available. The most recent version of
that manual can be accessed online at
http://www.fcc.gov/mb/audio/decdoc/public_and_-
broadcasting.html .
2.d. 47 C.F.R. § 73.1870(a)(3) ``The designation of
the chief operator must be in writing with a
copy of the designation posted with the station
license.'' At the inspection on August 18,
2004, no chief operator designation was posted
with the license, or otherwise available for
review by the inspectors.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, California Polytechnic State University, must submit
a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain
each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
licensee. 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 Road, Suite 660
Cerritos, CA 90703
4. This Notice shall be sent to California Polytechnic
State University, Graphic Arts Building 201, San Luis
Obispo, CA 93407.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
Catherine Deaton
District Director
Los Angeles Office
Western Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.