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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelman Broadcasting, Inc. ) File No. EB-FIELDWR-12-00002950
Licensee of Station KLOA )
)
) NOV No. V201332900001
Ridgecrest, CA )
NOTICE OF VIOLATION
Released: November 2, 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 (Rules), to Adelman Broadcasting, Inc.,
licensee of radio station KLOA in Ridgecrest, California. Pursuant to
Section 1.89(a) of the Rules, issuance of this Notice 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 located at
Ridgecrest, and observed the following violations:
a. 47 C.F.R. S: 73.1560(a): "AM stations. (1) Except as provided for in
paragraph (d) of this section, the antenna input power of an AM
station as determined by the procedures specified in S:73.51 must be
maintained as near as is practicable to the authorized antenna input
power and may not be less than 90% nor more than 105% of the
authorized power." The station's power meter indicated operation at
140 watts, which is only 17% of the authorized power (820 watts).
b. 47 C.F.R. S: 73.1225(c)(5) "The following records shall be made
available by all broadcast stations upon request by representatives
of the FCC...(5) Station logs and special technical records." The
station's representative informed the agent that the station logs
were in possession of the Chief Engineer, who was not available, and
therefore, neither were the station logs.
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, 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.'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 Office
18000 Studebaker Rd., 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
Paul Oei
Acting District Director
Los Angeles 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