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Adelman Broadcasting, Inc., KRAJ, Johannesburg, 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-12-00002997
Licensee of Station KRAJ
Facility ID # 84860
) NOV No. V201332900003
Johannesburg, CA


Released: November 30, 2012

By the Acting District Director, Los Angeles Office, Western Region, Enforcement Bureau:
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 KRAJ serving
Johannesburg, 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
On June 18, 2012, an agent of the Enforcement Bureau's Los Angeles Office inspected
radio station KRAJ located at Ridgecrest, CA, and observed the following violations:
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, the KRAJ logs were illegible and there was no entry
indicating why KRAJ did not receive any alerts or tests from some of its
assigned monitoring sources, during the three month period preceding the
47 C.F.R. 11.51(m)(1): "Automatic interrupt of programming and
transmission of EAS messages are required when facilities are unattended.
Automatic transmissions must include a permanent record that contains at a
minimum the following information: Originator, Event, Location and valid

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

Federal Communications Commission

time period of the message. The decoder performs the functions necessary to
determine which EAS messages are automatically transmitted by the
encoder." At the time of the inspection, the printer recording the tests and
alerts processed automatically by the EAS decoder/encoder had partially
failed resulting in illegible records. Other records for EAS tests and alerts
received and retransmitted automatically by the KRAJ EAS decoder/encoder
equipment were being kept manually on hand-written notes, based on
observations made by station personnel monitoring the KRAJ
retransmissions of these events. These records did not include sufficient
information to determine compliance with this rule.
47 C.F.R. 73.1560(b): "FM stations. Except as provided in paragraph (d)
of this section, the transmitter output power of an FM station, with power
output as determined by the procedures specified in 73.267, which is
authorized for output power more than 10 watts must be maintained as near
as practicable to the authorized transmitter output power and may not be less
than 90% nor more than 105% of the authorized power. FM stations
operating with authorized transmitter output power of 10 watts or less, may
operate at less than the authorized power, but not more than 105% of the
authorized power." At the time of the inspection, the agent observed that the
KRAJ appeared to operating at less than 71% of its authorized power.
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. We also must investigate violations of other rules that apply to broadcast
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
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

3 47 U.S.C. 308(b).
4 47 C.F.R. 1.89(c).

Federal Communications Commission

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
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
This Notice shall be sent to Adelman Broadcasting, Inc., at its address of record.
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.
Margaret M. Egler
Acting District Director
Los Angeles Office
Western Region
Enforcement Bureau

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

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