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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tempe Radio, Inc. ) File No. EB-08-SD-059
Licensee of KDUS(AM) )
Facility ID #65165 )
Tempe, Arizona ) NOV No. V200832940009
)
NOTICE OF VIOLATION
Released: March 31, 2008
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. Tempe Radio, Inc., licensee of AM
Broadcast station KDUS(AM) - Tempe, Arizona.
2. On February 6, 2008, an agent of the Enforcement Bureau's San Diego
Office inspected the KDUS emergency alert system ("EAS") equipment,
located at 1900 W. Carmen Street, Tempe, Arizona, 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 reception or transmission of EAS tests for the month of
December 2007. No system record entries were found indicating the reasons
why the tests had not been received or transmitted or if the
EAS equipment had failed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Tempe Radio, Inc. 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
Tempe Radio, 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
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Tempe Radio, Inc., 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
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