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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CBS Radio Holdings, Inc. ) File No. EB-07-SD-298
Radio Station KEZN )
Palm Desert, CA )
Facility ID # 11747 ) NOV No. V20073294018
)
NOTICE OF VIOLATION
Released: September 25, 2007
By the District Director, San Diego 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. CBS Radio Holdings, Inc. ("CBS
Radio"), licensee of FM Broadcast radio station KEZN, Palm Desert,
California.
2. On August 15, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected KEZN, located at 72-915 Parkview Drive, Palm Desert,
California and observed the following violation:
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 of each broadcast station and cable system and wireless cable
system are specified in the State EAS Plan and FCC Mapbook." At the time
of inspection, the designated first local primary (LP-1), radio station
KDES-FM, Palm Springs, CA, was not being monitored. KEZN was monitoring
only the second local primary (LP-2) KCLB-FM, Coachella, CA.
b. 47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the
time of inspection, the broadcast station records contained no entries
documenting the transmission of the required monthly test (RMT) for
the month of June 2007, and indicated that the required weekly test
(RWT) had been received once during the month of May 2007 from the
second local primary (LP-2) KCLB-FM. No system record entries were
found indicating the reasons why the tests had not been received or
transmitted
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, CBS Radio 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 taken to correct each
violation, preclude recurrence, and should include a time line for
completion of pending corrective actions.
4. The response must be complete in itself and signed by a principal or
officer of CBS Radio Holdings, Inc. 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 Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
5. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to CBS Radio Holdings, Inc, at its address
of record.
6. 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
William R. Zears Jr.
District Director
San Diego 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