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                                  Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of	)
Ether Mining Corporation					   )
File No. EB-FIELDWR-16-0021937
Licensee of Station KVSM	)
Santa Maria, CA		)	NOV No. V2016323900010


	Released:  August 29, 2016

By the Acting District Director, Los Angeles Office, Region 3, Enforcement

 This is a Notice of Violation (Notice) issued pursuant to Section 1.89
 of the Commission's rules (Rules), to Ether Mining Corporation, licensee
 of station KVSM, Santa Maria, 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.

 On July 26 and 27, 2016, in response to a complaint, an agent from the
 Enforcement Bureau's Los Angeles Office conducted on scene monitoring and
 field strength measurements of station KVSM.  The monitoring revealed
 that station KVSM was operating under a construction permit, but with
 expired program test authority and transmitting spurious emissions in
 excess of allowable limits. The following violations were observed:

		47 C.F.R. § 73.1620(c):  "(c) Unless sooner suspended or
		revoked, the program test authority continues valid during
		FCC consideration of the application for license, and
		during this period further extension of the construction
		permit is not required." At the time of monitoring, KVSM's
		authority to operate under program test authority had been
		suspended by the Media Bureau effective February 28, 2015.

	  47 C.F.R. § 73.44(a):  "The emissions of stations in the AM
	  service shall be attenuated in accordance with the requirements
	  specified in paragraph (b) of this section...(b):  Emissions
	  removed by more than 75 kHz must be attenuated at least 43
	  + 10 Log (Power in watts) or 80 dB below the unmodulated
	  carrier level, whichever is the lesser attenuation, except
	  for transmitters having power less than 158 watts, where
	  the attenuation must be at least 65 dB below carrier level."
	  At the time of the monitoring, the agent measured spurious
	  emissions at 1760 KHz and 1820 KHz from multiple locations in
	  the community of license. On average, measured from multiple
	  locations, these spurious were attenuated only 41 dB and 51
	  dB respectively below the carrier at 1380 KHz.

 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, Ether Mining
 Corporation, 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.  Information required by Section 73.44(e) of the Commission's
 Rules shall also be provided.

 In accordance with Section 1.16 of the Rules, we direct Ether Mining
 Corporation, to support its response to this Notice with an affidavit or
 declaration under penalty of perjury, signed and dated by an authorized
 officer of  Ether Mining Corporation, with personal knowledge of the
 representations provided in Ether Mining Corporation'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.

 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., Rm. 660
		     Cerritos, California 90703

 This Notice shall be sent to Ether Mining Corporation, at its address
 of record.

 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.


				       James T. Lyon
				       Acting District Director
				       Los Angeles Office
				       Enforcement Bureau