Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

High Desert Broadcasting LLC, KGMX, Lancaster, CA

Download Options

Released: November 30, 2012

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
High Desert Broadcasting LLC
) File No. EB-FIELDWR-12-0003946
Licensee of Station KGMX
)
)
)
Facility ID # 19703
)
NOV No. V201332900002
Lancaster, California
)
)

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 High Desert Broadcasting LLC, licensee of radio station KGMX in
Lancaster, 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 April 3, 2012, an agent of the Enforcement Bureau's Los Angeles Office inspected
radio station KGMX located at 570 East Avenue Q9, Palmdale, California, and observed the following
violation:
a.
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
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 inspection, the Los Angeles agent
observed that KGMX was not monitoring its assigned LP-2 station.


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

Federal Communications Commission

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 regulates
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, High Desert Broadcasting LLC, 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 High Desert Broadcasting LLC to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of High Desert Broadcasting LLC with personal knowledge of the
representations provided in High Desert Broadcasting LLC 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, Ste 660
Cerritos, California 90703
7.
This Notice shall be sent to High Desert Broadcasting LLC 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

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).
3

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.