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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Adelman Broadcasting, Inc. ) File No. EB-FIELDWR-12-00002874
Licensee of Station WPOP540 )
)
) NOV No. V201332900004
Ridgecrest, 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 Inc.,
licensee of radio station WPOP540 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 violation noted herein.
2. On June 18, 2012, an agent of the Enforcement Bureau's Los Angeles
Office monitored and inspected radio station WPOP540 located at
Ridgecrest, and observed the following violation:
a. 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." According to its license, WPOP540 is authorized as the
aural studio-to-transmitter link (STL) associated with KLOA, which is
an AM radio station (facility identification #459). However, during
the monitoring and inspection by the Los Angeles agent, station
WPOP540 was not serving as the STL for KLOA(AM) but was serving as
the aural STL for KLOA-LP, which is a low power television station
with facility identification # 28583.
3. 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.
4. 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.
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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission