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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
San Luis Obispo Broadcasting ) File No. EB-04-LA-
197
Licensee of Radio Station KKJL-AM )
Facility ID# 58897 ) NOV No.
V20053290002
San Luis Obispo, California )
)
NOTICE OF VIOLATION
Released: December
17, 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 San
Luis Obispo Broadcasting, licensee of radio station KKJL-AM.
2. On August 19, 2004, agents of the Commission's Los
Angeles Office inspected radio station KKJL-AM located at
San Luis Obispo, and observed the following violation:
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 19, 2004, the agents found a log sheet
dated July 28, 2003 indicating that the EAS
printer, which automatically maintained the EAS
log, failed. This failure rendered the station
incapable of determining whether the required
tests or activations were received for over a
year.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, San Luis Obispo Broadcasting, 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 San Luis Obispo
Broadcasting, P.O. Box 1400, 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.