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Cactus Radio, Inc., KAZG(AM), Scottsdale, AZ

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Released: February 19, 2010

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Cactus Radio, Inc.
)
File Nos. EB-09-SD-0161
Licensee of Radio Station KAZG(AM)
)
Facility ID # 11272
)
NOV No. V201032940005
Scottsdale, Arizona
)

NOTICE OF VIOLATION

Released: February 19, 2010
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
1.
This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the
Commission’s Rules,1 to Cactus Radio, Inc., licensee of AM Broadcast radio station KAZG(AM),
Scottsdale, Arizona. This Notice may be combined with a further action, if further action is warranted.2
2.
On December 7, 2009, an agent of the Enforcement Bureau’s San Diego Office inspected
KAZG, located at 4343 Camelback Rd., Suite 200, Phoenix, Arizona, and observed the following
violation:
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
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
why any tests were not received or sent must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this chapter
for all broadcast streams . . . . ”
At the time of the inspection, the agent found that there were no entries in the station log indicating why
the Required Weekly Tests were transmitted sporadically over the three months prior to the inspection. In
addition, there was no entry in the station log indicating why the Required Monthly Test for September
2009 had not been received or sent.
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. Pursuant to Section 403 of the Communications Act of 1934, as
amended,3 and Section 1.89 of the Commission's Rules, we seek additional information concerning the


1 47 C.F.R. § 1.89.
247 C.F.R. § 1.89(a).
347 U.S.C. § 403.

Federal Communications Commission

violations and any remedial actions the station may have taken. Therefore, Cactus Radio, 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 Commission’s Rules, we direct Cactus Radio,
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 Cactus Radio, Inc., with personal knowledge of the representations
provided in Cactus Radio, Inc. 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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA 92111
6.
This Notice shall be sent to Cactus Radio, Inc., at its address of record.


447 C.F.R. § 1.89(c).
5Section 1.16 of the Commission’s 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.
618 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.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau


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

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