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Emerald Wave Media, KRTO , Guadalupe, CA

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Released: December 10, 2009

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Emerald Wave Media
)
File No. EB-09-LA-0144
Licensee of Radio Station KRTO
)
Facility ID # 7101
)
)
NOV No. V201032900004
Guadalupe, CA
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)

NOTICE OF VIOLATION

Released:

December 10, 2009
By the District Director, Los Angeles District 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 Emerald Wave Media, licensee of radio station KRTO in Guadalupe, CA.
2.
On November 5, 2009, agents of the Enforcement Bureau’s Los Angeles Office
monitored radio station KRTO, serving Guadalupe, CA, and observed the following violation:
a.
47 C.F.R. § 73.1570(b)(2): “Maximum modulation levels must meet the
following limitations: FM Stations. (ii) In no event may the modulation of
the carrier exceed 110 percent (82.5 kHz peak deviation).” At the time of the
monitoring, agents observed that the peak deviation of KRTO’s RF signal
was 92 kHz on several occasions, exceeding 110% (or 82.5 kHz peak
deviation).
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and
Section 1.89 of the Commission’s Rules, Emerald Wave Media must submit a written statement
concerning this matter within 20 days of release of this Notice. The response must fully explain the
violation, must contain a statement of the specific action(s) taken to correct the violation and preclude
recurrence, and should include a time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of Emerald Wave Media. 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:


1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).

Federal Communications Commission

Federal Communications Commission
Los Angeles District Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
4.
This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to
Emerald Wave Media at its address of record.
5.
The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS COMMISSION
Nader Haghighat
District Director
Los Angels District Office
Western Region
Enforcement Bureau


3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.
2

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