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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelman Broadcasting, Inc. ) File No. EB-FIELDWR-12-00002997
Licensee of Station KRAJ )
Facility ID # 84860 )
) NOV No. V201332900003
Johannesburg, CA )
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 Adelman Broadcasting, licensee
of radio station KRAJ serving Johannesburg, 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 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
S:11.61(a)(1) and (2). Appropriate entries indicating reasons why any
tests were not received must be made in the broadcast station log as
specified in S:S:73.1820 and 73.1840 of this chapter for all
broadcast streams. . . . " At the time of the inspection, the KRAJ
logs were illegible and there was no entry indicating why KRAJ did
not receive any alerts or tests from some of its assigned monitoring
sources, 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, the printer recording the tests and alerts processed
automatically by the EAS decoder/encoder had partially failed
resulting in illegible records. Other records for EAS tests and
alerts received and retransmitted automatically by the KRAJ EAS
decoder/encoder equipment were being kept manually on hand-written
notes, based on observations made by station personnel monitoring the
KRAJ retransmissions of these events. These records did not include
sufficient information to determine compliance with this rule.
c. 47 C.F.R. S: 73.1560(b): "FM stations. Except as provided in
paragraph (d) of this section, the transmitter output power of an FM
station, with power output as determined by the procedures specified
in S:73.267, which is authorized for output power more than 10 watts
must be maintained as near as practicable to the authorized
transmitter output power and may not be less than 90% nor more than
105% of the authorized power. FM stations operating with authorized
transmitter output power of 10 watts or less, may operate at less
than the authorized power, but not more than 105% of the authorized
power." At the time of the inspection, the agent observed that the
KRAJ appeared to operating at less than 71% of its authorized power.
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. We also must investigate
violations of other rules that apply to broadcast licensees.
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,
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.
5. In accordance with Section 1.16 of the 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.
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., Suite 660
Cerritos, CA 90703
7. This Notice shall be sent to Adelman Broadcasting, Inc., 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