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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
San Luis Obispo Broadcasting ) File No. EB-10-LA-0033
Licensee of Radio Station KKJL-AM )
Facility ID# 58897 ) NOV No. V201032900010
San Luis Obispo, California )
)
NOTICE OF VIOLATION
Released: March 9, 2010
By the District Director, Los Angeles 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 San Luis Obispo Broadcasting,
licensee of radio station KKJL-AM, in San Luis Obispo, California.
This Notice may be combined with a further action, if further action
is warranted.
2. On February 24, 2010, an agent of the Enforcement Bureau's Los
Angeles Office inspected radio station KKJL-AM located at San Luis
Obispo, California, and observed the following violations:
a. 47 C.F.R. S: 11.35(a): "EAS participants are responsible for ensuring
that Emergency Alert System (EAS) Encoders, EAS Decoders and
Attention Signal generating and receiving equipment used as part of
the EAS are installed so that the monitoring and transmitting
functions are available during the times the stations and systems are
in operation. Additionally, EAS participants must determine the cause
of any failure to receive the required tests or activations specified
in S:S: 11.61(a)(1) and (a)(2). Appropriate entries indicating why
any tests were not received must be made in the broadcast station log
as specified in S: 73.1820 and S: 73.1840 of this chapter . . ." At
the time of the inspection, the Los Angeles agent found daily EAS
log sheets automatically produced by the EAS encoder/decoder, with
dates going back over one year, but with no indications that any
tests were either received or sent.
b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
the following duties specified in this paragraph below... (3) Review
of the station records at least once per week to determine if
required entries are being made correctly...Upon completion of the
review, the chief operator or his designee must date and sign the
log, indicate any corrective action which may be necessary, and
advise the station licensee of any condition which is repetitive." At
the time of inspection, the chief operator indicated to the agent
that he took the EAS log sheets off the printer and filed them in the
monthly folders. There was no indication that the logs had been
signed and dated by the chief operator.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions the station may
have taken. Therefore, San Luis Obispo Broadcasting, must submit a
written statement concerning this matter within twenty (20) days of
release of this Notice. The response (i) must fully explain each
violation, including all relevant surrounding facts and circumstances,
(ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include
a time line for completion of any pending corrective action(s). The
response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
San Luis Obispo Broadcasting to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of San Luis Obispo Broadcasting with
personal knowledge of the representations provided in San Luis Obispo
Broadcasting response, verifying the truth and accuracy of the
information therein, and confirming that all of the information
requested by this Notice which is in the licensee's possession,
custody, control, or knowledge has been produced. To knowingly and
willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title
18 of the U.S. Code.
5. 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
Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
6. This Notice shall be sent to San Luis Obispo Broadcasting at its
address of record.
7. 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.
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission