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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelman Broadcasting, Inc. ) File No. EB-11-LA-0259
Licensee of Station KRAJ )
Facility ID # 84860 )
) NOV No. V201232900016
Johannesburg, CA )
NOTICE OF VIOLATION
Released: March 7, 2012
By the District Director, Los Angeles, Western Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Adelman Broadcasting, licensee of
radio station KRAJ serving Johannesburg, California. This Notice may
be combined with a further action, if further action is warranted.
2. On January 4, 2012, an agent of the Enforcement Bureau's Los Angeles
Office inspected radio station KRAJ located at Ridgecrest, CA, 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 was no entry in the station's logs indicating why
KRAJ did not receive any alerts or tests from the Kern County Office
of Emergency Services, an assigned monitoring source, during the
three month period preceding the inspection.
b. 47 C.F.R. S: 11.51(m)(1): "Automatic interrupt of programming and
transmission of EAS messages are required when facilities are
unattended. Automatic transmissions must include a permanent record
that contains at a minimum the following information: Originator,
Event, Location and valid time period of the message. The decoder
performs the functions necessary to determine which EAS messages are
automatically transmitted by the encoder." At the time of the
inspection, records for EAS tests and alerts received and
retransmitted automatically by the KRAJ EAS equipment were being kept
manually based on observations made by station personnel monitoring
the KRAJ retransmissions of these events. These records only included
the date and the source of the test.
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, Adelman Broadcasting, Inc., 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
Adelman Broadcasting, Inc. to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Adelman Broadcasting, Inc. with personal
knowledge of the representations provided in Adelman Broadcasting,
Inc. 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 Adelman Broadcasting, Inc., 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
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Federal Communications Commission