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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Central Valley Educational Services, Inc. ) File No.:
   EB-FIELDWR-13-00012922

   Permittee of Radio Station KYAF )

   ) NOV No.: V201432960008

   )

   Firebaugh, CA ) Facility ID.: 9993

   )

                              NOTICE OF VIOLATION

   Released: January 30, 2014

   By the District Director, San Francisco 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)^ to Central Valley Educational
       Services, Inc., permittee of radio station KYAF in Firebaugh,
       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(s) noted herein.^

    2. On November 21, 2013, an agent of the Enforcement Bureau's San
       Francisco Office attempted to inspect the KYAF main studio located in
       Firebaugh, California and observed the following violations:

     a. 47 C.F.R. S 73.1125(a): "...each AM, FM, and TV broadcast station
        shall maintain a main studio..." The Commission has interpreted this
        rule to require a station to "equip the main studio with production
        and transmission facilities that meet applicable standards, maintain
        continuous program transmission capability, and maintain a meaningful
        management and staff presence."^ The Commission has stated that "a
        main studio must, at a minimum, maintain full-time managerial and
        full-time staff personnel." ^ ^ The licensees need not have the same
        staff person and manager at the studio, as long as there is
        management and staff presence during normal business hours." At the
        time of inspection the agent found the door to the main studio was
        locked and there were no station personnel on site.

     b. 47 C.F.R. S 73.3527(a)(2): Local public inspection file: "Every
        permittee or licensee of an AM, FM or TV station in the
        non-commercial educational broadcast services shall maintain a public
        inspection file containing the material, relating to that station,
        described in paragraphs (e)(1) through (e)(11) of this section. At
        the time of inspection the Public Inspection File was incomplete; it
        did not contain all the required items.

     c. 47 C.F.R. S 73.3527(e)(5): "Political file. Such records are required
        by S 73.1943 to be kept concerning broadcasts by candidates for
        public office. These records shall be retained for the period
        specified in S73.1943 (2 years)." At the time of the inspection the
        agent was not able to locate the political file.

     d. 47 C.F.R. S 73.3527(e)(7): "The Public and Broadcasting. At all times
        a copy of the most recent version of the manual entitled `The Public
        and Broadcasting.'" At the time of the inspection the agent
        determined that the Public Inspection file did not contain the
        manual.

     e. 47 C.F.R. S 73.3527(e)(8): "For non-exempt noncommercial broadcast
        stations, every three months a list of programs that have provided
        the station's most significant treatment of community issues during
        the preceding three month period. The list for each calendar quarter
        is to be filed by the tenth day of the succeeding calendar quarter
        (e.g., January 10 for the quarter October-December, April 10 for the
        quarter January-March, etc.)... shall be retained in the public
        inspection file until final action has been taken on the station's
        next license renewal application." During the inspection the agent
        observed that KYAF did not have the quarterly Issues and Programs
        lists for the past six years in the station's Public Inspection File.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Central Valley Educational Services, 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 Central Valley
       Educational Services, 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 Central Valley Educational Services,
       Inc., with personal knowledge of the representations provided in
       Central Valley Educational Services, Inc. response, verifying the
       truth and accuracy of the information therein,^ and confirming that
       all of the information requested by this Notice which is in the
       permittee'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.^

    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 Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California 94588-8543

    6. This Notice shall be sent to Central Valley Educational Services,
       Inc., at its address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David K. Hartshorn

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
   (1988) (Main Studio and Program Origination Rules), erratum issued, 3 FCC
   Rcd 5717 (1988) (correcting language in n.29).

   ^ See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 3615, 3616 & n.2 (1991)  (noting that, "This is not to
   say that the same staff person and manager must be assigned full-time to
   the main studio. Rather, there must be management and staff presence on a
   full-time basis during normal business hours to be considered
   `meaningful.'"), clarified,  7 FCC Rcd 6800 (1992)  (Jones Eastern II).
   See also [1]Birach Broadcasting Corporation, Notice of Apparent Liability,
   25 FCC Rcd 2635 (Enf. Bur. 2010).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ 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. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission

   3

                       Federal Communications Commission

References

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