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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   CVAC, Inc. ) File No. EB-FIELDWR-13-00006437

   Licensee of Station KRML(AM) )

   Facility ID # 73064 )

   Carmel, California ) NOV No. V201332960018


                              NOTICE OF VIOLATION

                                                     Released: April 25, 2013

   By the District Director, San Francisco 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 CVAC, Inc., licensee of radio
       station KRML(AM) in Carmel, 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(s) noted herein.^

    2. On January 30, 2013, an agent of the Enforcement Bureau's San
       Francisco Office inspected radio station KRML(AM) located in Carmel,
       California, and observed the following violations:

     a. 47 C.F.R. S 73.1125(e): "Each AM, FM, TV and Class A TV broadcast
        station shall maintain a local telephone number in its community of
        license or a toll-free number." At the time of inspection there were
        no local or toll free phone numbers listed for KRML.

     b. 47 C.F.R. S 73.3526(e)(2): "Applications and related materials. A
        copy of any application tendered for filing with the FCC, together
        with all related material, and copies of Initial Decisions and Final
        Decisions in hearing cases pertaining thereto. If petitions to deny
        are filed against the application and have been served on the
        applicant, a statement that such a petition has been filed shall be
        maintained in the file together with the name and address of the
        party filing the petition. Applications shall be retained in the
        public inspection file until final action has been taken on the
        application, except that applications for a new construction permit
        granted pursuant to a waiver showing and applications for assignment
        or transfer of license granted pursuant to a waiver showing shall be
        retained for as long as the waiver is in effect. In addition, license
        renewal applications granted on a short-term basis shall be retained
        until final action has been taken on the license renewal application
        filed immediately following the shortened license term." At the time
        of inspection, there were no applications or other related materials
        provided in the public inspection files.

     c. 47 C.F.R. S 73.3526(e)(4): "Contour maps. A copy of any service
        contour maps, submitted with any application tendered for filing with
        the FCC, together with any other information in the application
        showing service contours and/or main studio and transmitter location
        (State, county, city, street address, or other identifying
        information). These documents shall be retained for as long as they
        reflect current, accurate information regarding the station." At the
        time of inspection, there were no contour maps provided at the
        station or in the public inspection file.

     d. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials.
        A copy of the most recent, complete ownership report filed with the
        FCC for the station, together with any statements filed with the FCC
        certifying that the current report is accurate, and together with all
        related material. These materials shall be retained until a new,
        complete ownership report is filed with the FCC, at which time a copy
        of the new report and any related materials shall be placed in the
        file. The permittee or licensee must retain in the public file either
        a copy of the contracts listed in such reports in accordance with S
        73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees
        or permittees who choose to retain a list of contracts must provide a
        copy of any contracts to requesting parties within 7 days." At the
        time of inspection, there were no ownership reports or related
        materials provided in the public inspection file.

     e. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
        station log as required by S 73.1820. This log shall be kept by
        station employees competent to do so, having actual knowledge of the
        facts required. All entries, whether required or not by the
        provisions of this part, must accurately reflect the station
        operation. Any employee making a log entry shall sign the log,
        thereby attesting to the fact that the entry, or any correction or
        addition made thereto, is an accurate representation of what
        transpired." At the time of inspection, there was no station log
        being maintained by the licensee.

     f. 47 C.F.R S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV
        broadcast station must designate a person to serve as the station's
        chief operator. At times when the chief operator is unavailable or
        unable to act (e.g., vacations, sickness), the licensee shall
        designate another person as the acting chief operator on a temporary
        basis." At the time of inspection, there was no person designated as
        the Chief Operator.

     g. 47 C.F.R S 73.1870(b)(3): "The designation of the chief operator must
        be in writing with a copy of the designation posted with the station
        license. Agreements with chief operators serving on a contract basis
        must be in writing with a copy kept in the station files." At the
        time of inspection, there was no written letter posted with the
        station license designating the Chief Operator.

     h. 47 C.F.R S 73.1400(b): "The licensee of an AM, FM, TV or Class A TV
        station is responsible for assuring that at all times the station
        operates within tolerances specified by applicable technical rules
        contained in this part and in accordance with the terms of the
        station authorization. Unattended operation. Unattended operation is
        either the absence of human supervision or the substitution of
        automated supervision of a station's transmission system for human
        supervision. In the former case, equipment is employed which is
        expected to operate within assigned tolerances for extended periods
        of time. The latter consists of the use of a self-monitoring or
        ATS-monitored and controlled transmission system that, in lieu of
        contacting a person designated by the licensee, automatically takes
        the station off the air within three hours of any technical
        malfunction which is capable of causing interference." At the time of
        inspection, the station was unable to switch to night time power at
        the required times or to shut the transmitter off if there was a
        technical malfunction.

     i. 47 C.F.R S 73.1745(a): "No broadcast station shall operate at times,
        or with modes or power, other than those specified and made a part of
        the license, unless otherwise provided in this part." At the time of
        inspection, the station failed to switch to night time power as
        specified on the station authorization.

    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, CVAC, 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 CVAC, 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
       CVAC, Inc., with personal knowledge of the representations provided in
       CVAC, 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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    6. This Notice shall be sent to CVAC, 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.


   David K. Hartshorn

   District Director

   San Francisco 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