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Adelman Broadcasting, Inc., KEPD, Ridgecrest, CA

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Released: November 30, 2012

Federal Communications Commission

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),1 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
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. 11.35(a): "EAS Participants must determine the cause of any
failure to receive the required tests or activations specified in 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 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 retransmitted.
b.
47 C.F.R. 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


1 47 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).

Federal Communications Commission

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. 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 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 11.31),
in accordance with the technical specifications governing such conversion
process set forth in the EASCAP 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. 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 inspection.
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
2

Federal Communications Commission

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,3 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
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,5 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
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.


3 47 U.S.C. 308(b).
4 47 C.F.R. 1.89(c).
5 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. 1.16.
6 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.
3

Federal Communications Commission

8.
The Privacy Act of 19747 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


7 P.L. 93-579, 5 U.S.C. 552a(e)(3).
4

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