Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) San Diego Community College District ) File Nos. EB-09-SD-0155 Licensee of Radio Station KSDS(FM) ) Facility ID # 58818 ) NOV No. V201032940003 San Diego, California ) NOTICE OF VIOLATION Released: January 4, 2010 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,1 to San Diego Community College District. (“SDCCD”), licensee of radio station KSDS(FM), San Diego, California. This Notice may be combined with a further action, if further action is warranted.2 2. On November 19, 2009, agents of the Enforcement Bureau’s San Diego Office inspected KSDS at its main studio location at 1313 Park Boulevard, San Diego, California and observed the following violations: a. 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 Sections 11.61(a) (1) and (a) (2). Appropriate entries indicating reasons why tests were not received and what corrective actions were taken must be made in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams . . . . ” At the time of the inspection, the agents found that there were no entries in the station log indicating why Required Weekly Tests (RWTs) and Required Monthly Test (RMTs) had been sporadically missed and what corrective actions were taken over the three months prior to the inspection. b. 47 C.F.R. § 11.52(d): “EAS participants must monitor two EAS sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.” At the time of inspection, the agents found that there was no record that EAS equipment was receiving the second designated local primary (LP-2) radio station KLSD, 1360 kHz, San Diego, CA. 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). Federal Communications Commission 2 c. 47 C.F.R. § 73.3527(e)(8)(i): “For nonexempt noncommercial educational radio 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 shall include a brief narrative describing what issues were given significant treatment and what programming that provided this treatment. The description of the programs shall include, but shall not be limited to the time, date, duration, and the title of each program in which the issue was treated….” At the time of the inspection, the agents found that the issues/program lists found in the public inspection files for KSDS were not drafted in a format that provided all the information as required by this rule section. 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 regulatees. We also must investigate violations of other rules that apply to broadcast licensees. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violation(s) and any remedial actions the station may have taken. Therefore, SDCCD 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 4. In accordance with Section 1.16 of the Commission’s Rules, we direct SDCCD to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of SDCCD with personal knowledge of the representations provided in SDCCD’s 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. 347 U.S.C. § 403. 447 C.F.R. § 1.89(c). 5Section 1.16 of the Commission’s 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. Federal Communications Commission 3 Code.6 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 Diego District Office 4542 Ruffner Street, Suite 370 San Diego, CA 92111 6. This Notice shall be sent to San Diego Community College District, at its address of record. 7. 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 William R. Zears Jr. District Director San Diego District Office Western Region Enforcement Bureau 618 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).