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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mitchell Media, Inc. ) File No. EB-07-SD-299
Radio Station KMRJ )
Rancho Mirage, CA ) NOV No. V20073294019
Facility ID # 15475 )
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, Mitchell Media, Inc. ("Mitchell
Media"), licensee of FM Broadcast radio station KMRJ, Rancho Mirage,
California.
2. On August 16, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected KMRJ, located at 1061 S. Palm Canyon Drive, Palm
Springs, California, and observed the following violation:
a. 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 required weekly tests since May 20, 2007,
and no entries were found indicating the reasons why the tests had not
been transmitted.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Mitchell Media, 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 Mitchell Media. 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 Mitchell Media 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