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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
California Polytechnic State University ) File No. EB-10-LA-0019
Licensee of Radio Station KCPR )
Facility ID #8324 ) NOV No. V201032900012
San Luis Obispo, California )
)
NOTICE OF VIOLATION
Released: April 14, 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 California Polytechnic State
University, licensee of radio station KCPR.
2. On February 25, 2010, an agent of the Enforcement Bureau's Los Angeles
Office inspected radio station KCPR located at San Luis Obispo, and
observed the following violations:
a. 47 C.F.R. S: 73.3527(e)(3): A station must retain in its public
inspection file: "a copy of any service contour maps..." At the time
of the inspection, the contour map was no longer accurate based on a
recent move of the transmitter.
b. 47 C.F.R. S: 73.3527(e)(4): A station must retain in its public
inspection file: "A copy of the most recent, complete ownership
report filed with the FCC for the station..." At the time of the
inspection, there was no ownership report on file.
c. 47 C.F.R. S: 73.3527(e)(7): A station must retain in its public
inspection file: "At all times, a copy of the most recent version of
the manual entitled `The Public and Broadcasting.'" At the time of
the inspection, the most recent version of "The Public and
Broadcasting" was not in the file.
d. 47 C.F.R. S: 73.3527(e)(8)(i): A station must retain in its public
inspection file: "For noncommercial, nonexempt educational radio
broadcast stations, every three months a list of programs that have
provided the most significant treatment of community issues during
the preceding three month period." At the time of the inspection, the
issues and programs lists for all quarters subsequent to the
station's license renewal on May 18, 2007, were missing.
e. 47 C.F.R. S: 73.3527(e)(9) A station must retain in its public
inspection file: "The lists of donors supporting specific programs."
At the time of the inspection, there were no donor lists regarding
specific programs for the past two years.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, California
Polytechnic State University, 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 the licensee. 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
4. This Notice shall be sent to California Polytechnic State University,
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
Nader Haghighat
District Director
Los Angeles Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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