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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
D.T.V. LLC ) File No. EB-08-SD-044
Licensee of Class A TV Station KBOP-CA )
Facility ID: 11371 ) NOV No. V200832940016
San Diego, California )
)
NOTICE OF VIOLATION
Released: July 10, 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 D.T.V. LLC, licensee of Class A TV
Station KBOP-CA in San Diego, California.
2. On April 24, 2008, agents of the Enforcement Bureau's San Diego Office
inspected the emergency alert system ("EAS") of KBOP-CA, located atop
Mount San Miguel near El Cajon, California, and observed the following
violation:
47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS sources. The
monitoring assignment 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, KBOP-CA was not monitoring the
designated local primary (LP-1) radio station, KOGO, 600 kHz, San Diego,
CA. KBOP-CA was monitoring only one of the designated local secondary
(LP-2) radio stations, National Weather Service (NOAA Weather - 162.4
MHz).
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, D.T.V. LLC, must submit a
written statement concerning this matter within 20 days of release of
this Notice. The response must fully explain the violation, must
contain a statement of the specific action(s) taken to correct the
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 D.T.V. LLC. 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 St., Suite 370
San Diego, CA 92111
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to D.T.V. LLC at their 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