Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Oasis Christian Radio Inc. ) File No. EB-10-SF-0219 Licensee of Radio Station KAVS-LP ) Facility ID # 126241 ) Fallon, Nevada ) NOV No. V201132960004 ) NOTICE OF VIOLATION Released: December 13, 2010 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,1 to Oasis Christian Radio, Inc. (“Oasis”), licensee of radio station KAVS-LP in Fallon, Nevada. This Notice may be combined with a further action, if further action is warranted.2 2. On September 28, 2010, agents of the Enforcement Bureau’s San Francisco Office inspected radio station KAVS-LP and observed the following violations: a. 47 C.F.R. § 11.52(d): “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 the inspection, agents observed that the station KAVS-LP was monitoring only one EAS assigned source, the LP-2 (Local Primary), KUNR-FM. 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. 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 violations and any remedial actions the station may have taken. Therefore, Oasis 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 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). 347 U.S.C. § 403. 447 C.F.R. § 1.89(c). Federal Communications Commission 2 4. In accordance with Section 1.16 of the Commission’s Rules, we direct Oasis to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Oasis with personal knowledge of the representations provided in Oasis’ 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 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, CA 94588-8543 6. This Notice shall be sent to Oasis’ 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 Thomas N. Van Stavern District Director San Francisco District Office Western Region Enforcement Bureau 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. 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).