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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Santa Monica Community College District ) File Nos. EB-10-LA-0154
Licensee of Radio Station KCRU(FM) )
)
Facility ID # 59085 ) NOV No. V201032900019
Oxnard, California )
NOTICE OF VIOLATION
Released: August 20, 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 Santa Monica Community College
District. ("SMCCD"), licensee of radio station KCRU(FM), Oxnard,
California. This Notice may be combined with a further action, if
further action is warranted.
2. On June 17, 2010, an agent of the Enforcement Bureau's Los Angeles
Office inspected KCRU(FM) at its main studio location at 1900 Pico
Blvd. Santa Monica, California and observed the following violation:
a. 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 the inspection, the agent
observed that KCRU(FM) was not monitoring the correct local primary
stations as required by the California and Ventura County EAS plan.
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 violation(s) and any remedial actions the station may
have taken. Therefore, SMCCD 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
SMCCD to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of SMCCD with personal knowledge of the
representations provided in SMCCD's 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 District Office
18000 Studebaker Rd. Suite #660
Cerritos, CA 90703
6. This Notice shall be sent to Santa Monica Community College District,
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 District 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
3
Federal Communications Commission