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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mendocino Environmental Center ) File No. EB-06-SF-196
Licensee of Radio Station KMEC )
Facility ID # 124562 ) NOV No. V20073296001
)
)
NOTICE OF VIOLATION
Released: November 22, 2006
By the District Director, San Francisco Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Mendocino Environmental Center,
licensee of radio station KMEC in Ukiah, California.
2. On August 25, 2006, an agent of the Enforcement Bureau's San Francisco
Office Inspected radio station KMEC located at 106 West Standley
Street, Ukiah, California and observed the following violation(s):
a. 47 C.F.R. S 11.52(d) "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments for 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 monitoring priorities." At
the time of inspection a review of the station's EAS log indicated
that KMEC-LP's EAS equipment was only monitoring one station, KUKI,
for at least the previous three months.
b. 47 C.F.R. S 11.61(a) "Tests shall be made at regular intervals as
indicated in paragraphs (a)(1) and (a)(2) of this section. Additional
tests may be performed anytime. EAS activations and special tests may
be performed in lieu of required tests as specified in paragraph
(a)(4) of this section. All tests will conform with the procedures in
the EAS Operating Handbook." At the time of inspection, a review of
the station's EAS log did not show consistent transmitting of tests
for several months.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Mendocino Environmental
Center 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 actions taken
to correct each violation and preclude recurrence, and should include
a time line for completion of pending corrective actions. The response
must be complete in itself and signed by a principal or officer of
Mendocino Environmental Center. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, California 94588
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Mendocino Environmental Center at its
address of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Thomas N. Van Stavern
District Director
San Francisco District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission