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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
McGraw-Hill Broadcasting Company ) File No. EB-08-SD-015
Licensee of KGTV )
San Diego, CA )
Facility ID # 40876 ) NOV No. V20083294004
)
NOTICE OF VIOLATION
Released: February 19, 2008
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, to. McGraw-Hill Broadcasting Company.
("McGraw-Hill"), licensee of TV Broadcast station KGTV, San Diego,
California.
2. On January 23, 2008, an agent of the Enforcement Bureau's San Diego
Office inspected KGTV's emergency alert system, located at 4600 Air
Way, San Diego, California and observed the following violation:
47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant records,
as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of
inspection, the broadcast station records contained no entries documenting
the transmission of the required monthly test (RMT) for the months of
December 2007 and January 2008. No system record entries were found
indicating the reasons why the tests had not been received or transmitted.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, McGraw-Hill must submit a
written statement concerning this matter within 20 days of release of
this Notice. The response must fully explain each violation, must
contain a statement of the specific action(s) taken to correct each
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 McGraw-
Hill. 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
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to McGraw-Hill Broadcasting Company, at its
address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission