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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
R M Broadcasting, LLC ) File No. EB-FIELDWR-12-00001489
Licensee of Radio Station KJJZ )
Facility ID # 43132 )
Indio, CA ) NOV No. V201232940015
)
)
NOTICE OF VIOLATION
Released: April 12, 2012
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 R M Broadcasting, LLC (RMB), licensee of
radio station KJJZ, Indio, California. This Notice may be combined
with a further action, if further action is warranted.
2. On February 28, 2012, an agent of the Enforcement Bureau's San Diego
Office inspected the KJJZ main studio located in Palm Desert, CA,
and observed the following violation:
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 the station's logs
indicating why KJJZ did not receive numerous Required Weekly Tests from
KDES-FM and KCLB-FM during the period from November 13, 2011 to February
25, 2012. In addition, there was no entry in the station's logs indicating
why KJJZ did not receive and send the December 2011 Required Monthly 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, RMB 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
RMB to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of RMB with personal knowledge of the
representations provided in RMB'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 District Office
4542 Ruffner St., Suite 370
San Diego, CA 92111
6. This Notice shall be sent to R M Broadcasting, LLC 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