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Adelman Broadcasting, Inc., 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-12-00002874
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),1 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
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. 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.


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

Federal Communications Commission

3.
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
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,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
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.


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.
2

Federal Communications Commission

7.
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. 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.8
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).
8 18 U.S.C. 1001 et seq.
3

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