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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
High Desert Broadcasting LLC ) File No. EB-FIELDWR-12-0003946
Licensee of Station KGMX )
)
)
Facility ID # 19703 ) NOV No. V201332900002
Lancaster, California )
)
NOTICE OF VIOLATION
Released: November 30, 2012
By the Acting District Director, Los Angeles Office, 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 High Desert Broadcasting LLC,
licensee of radio station KGMX in Lancaster, 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 violation noted herein.
2. On April 3, 2012, an agent of the Enforcement Bureau's Los Angeles
Office inspected radio station KGMX located at 570 East Avenue Q9,
Palmdale, California, and observed the following violation:
a. 47 C.F.R. S: 11.52(d)(1): " With respect to monitoring for EAS
messages that are formatted in accordance with the EAS Protocol, EAS
Participants must monitor two EAS sources. The monitoring assignments
of each broadcast station and cable system and wireless cable system
are specified in the State EAS Plan and FCC Mapbook. They are
developed in accordance with FCC monitoring priorities." At the time
of inspection, the Los Angeles agent observed that KGMX was not
monitoring its assigned LP-2 station.
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 regulates
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
High Desert Broadcasting LLC, 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.
5. In accordance with Section 1.16 of the Rules, we direct High Desert
Broadcasting LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of High Desert Broadcasting LLC with personal
knowledge of the representations provided in High Desert Broadcasting
LLC 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.
6. 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, Ste 660
Cerritos, California 90703
7. This Notice shall be sent to High Desert Broadcasting LLC at its
address of record.
8. 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
Margaret. M. Egler
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 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