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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Regents of the University of New Mexico ) File No. EB-11-SD-0175

   Licensee of Radio Station KUNM )

   Facility ID # 6083 )

   Albuquerque, NM ) NOV No. V201132940007

   )

                              NOTICE OF VIOLATION

   Released: September 7, 2011

   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 Regents of the University of New
       Mexico ("UNM"), licensee of radio station KUNM, licensed to serve
       Albuquerque, New Mexico. This Notice may be combined with a further
       action, if further action is warranted.

    2. On August 25, 2011, an agent of the Enforcement Bureau's San Diego
       Office inspected the KUNM main studio located in Albuquerque, New
       Mexico, and observed the following violations:

     a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received must be made in the broadcast
        station log as specified in Sections 73.1820 and 73.1840 of this
        chapter for all broadcast streams . . . . " At the time of the
        inspection, there were no entries in KUNM's logs indicating why the
        required weekly and monthly tests had not been received or
        transmitted sporadically over the three months prior to the
        inspection.

     b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
        this section. Additional tests may be performed anytime. EAS
        activations and special tests may be performed in lieu of required
        tests as specified in paragraph (a)(4) of this section. All tests
        will conform with the procedures in the EAS Operating Handbook." KUNM
        failed to ensure that, over the three months prior to the inspection,
        that the required weekly and monthly tests of the EAS system were not
        received or transmitted over the three months prior to the
        inspection.

    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.  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, UNM 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
       UNM, to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of UNM, with personal knowledge of the
       representations provided in UNM'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

   San Diego Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to the Regents of the University of New
       Mexico 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

   James T. Lyon

   District Director

   San Diego 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