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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Adelman Broadcasting, Inc. ) File No. EB-FIELDWR-12-00003515

   Licensee of Station KEPD )

   Facility ID # 458 )

   ) NOV No. V201332900006

   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, licensee
       of radio station KEPD serving 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 July 16, 2012, an agent of the Enforcement Bureau's Los Angeles
       Office inspected radio station KEPD's main studio located at Quartz
       Hill, 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, there were no
        entries for the previous three months in the station's logs
        indicating receipt and retransmission of required monthly tests by
        either of the two sources being monitored by KEPD's EAS
        decoder/encoder. The stations logs failed to show explanations by the
        Chief Operator for why these tests were not received and

     b. 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 the inspection, the agent observed that station KEPD was not
        monitoring the correct LP-1 and LP-2 stations as required by the Kern
        County EAS plan.

     c. 47 C.F.R. S: 11.56(a): "On or by June 30, 2012, EAS Participants must
        have deployed operational equipment that is capable of the following:
        (1) Acquiring EAS alert messages in accordance with the monitoring
        requirements in S:11.52(d)(2); (2) Converting EAS alert messages that
        have been formatted pursuant to the Organization for the Advancement
        of Structured Information Standards (OASIS) Common Alerting Protocol
        Version 1.2 (July 1, 2010), and Common Alerting Protocol, v. 1.2 USA
        Integrated Public Alert and Warning System Profile Version 1.0 (Oct.
        13, 2009), into EAS alert messages that comply with the EAS Protocol,
        such that the Preamble and EAS Header Codes, audio Attention Signal,
        audio message, and Preamble and EAS End of Message (EOM) Codes of
        such messages are rendered equivalent to the EAS Protocol (set forth
        in S:11.31), in accordance with the technical specifications
        governing such conversion process set forth in the EAS-CAP Industry
        Group's (ECIG) Recommendations for a CAP EAS Implementation Guide,
        Version 1.0 (May 17, 2010) (except that any and all specifications
        set forth therein related to gubernatorial "must carry" shall not be
        followed, and that EAS Participants may adhere to the specifications
        related to text-to-speech on a voluntary basis); (3) Processing such
        converted messages in accordance with the other sections of this
        part." At the time of the inspection, KEPD was not equipped with a
        CAP enabled EAS encoder/decoder or intermediary device capable of
        receiving, transmitting or translating CAP encoded messages."

     d. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
        for completion of the following duties specified in this paragraph
        below. When these duties are delegated to other persons, the chief
        operator shall maintain supervisory oversight sufficient to know that
        each requirement has been fulfilled in a timely and correct manner...
        (3) Review of the station records at least once each week to
        determine if required entries are being made correctly. Additionally,
        verification must be made that the station has been operated as
        required by the rules or the station authorization. Upon completion
        of the review, the chief operator or his designee must date and sign
        the log, initiate any corrective action which may be necessary, and
        advise the station licensee of any condition which is repetitive." At
        the time of inspection, the Chief Operator was not signing the EAS
        logs weekly on a regular basis. The Los Angeles agent observed with
        multiple omissions over a three and on half month period prior to the

    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.

    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.


   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


                       Federal Communications Commission