Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Robert D. Adelman ) File No. EB-FIELDWR-12-00003186

   Licensee of Station KLOA-LP )

   Facility ID # 28583 )

   ) NOV No. V201232900022

   Ridgecrest, CA )

                              NOTICE OF VIOLATION

   Released: September 20, 2012

   By the Acting 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 Robert D. Adelman, licensee of radio
       station KLOA-LP in Ridgecrest, California. Pursuant to Section 1.89(a)
       of the Commission's Rules, issuance of this NOV does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violations noted
       herein.

    2. On June 18, 2012, an agent of the Enforcement Bureau's Los Angeles
       Office monitored and inspected radio station KLOA-LP located at
       Ridgecrest, CA, and observed the following violations:

     a. 47 C.F.R. S: 1.903(a): "Stations in the Wireless Radio Services must
        be used and operated only in accordance with the rules applicable to
        their particular service as set forth in this title and with a valid
        authorization granted by the Commission under the provisions of this
        part . . . ." KLOA-LP's authorization list coordinates at 35-o 26'
        10" north latitude and 117-o 48' 56" west longitude. The inspection
        determined that KLOA-LP was transmitting at El Paso Peak,
        approximately 7.1 miles from the coordinates listed on the
        authorization.

     b. 47 C.F.R. S: 1.903(a): "General rule. Stations in the Wireless Radio
        Services must be used and operated only in accordance with the rules
        applicable to their particular service as set forth in this title and
        with a valid authorization granted by the Commission under the
        provisions of this part, except as specified in paragraph (b) of this
        section." The inspection determined that the KLOA-LP transmitting
        antenna was not a SCA, model CL-713, as listed on the license. Any
        change in the transmitting antenna system requires a formal
        application in accordance with 47 C.F.R. S: 74.751(b) of the Rules.

    3. Pursuant to Section 308(b)  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 taken. Therefore, Robert D. Adelman 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
       Robert D. Adelman  to support his response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       Robert D. Adelman, with personal knowledge of the representations
       provided in the 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 Rd., Suite 660

   Cerritos, CA 90703

    6. This Notice shall be sent to Robert D. Adelman at his 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

   Paul Oei

   Acting 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: 308(b).

   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

   2

                       Federal Communications Commission