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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Gulf-California Broadcasting Company )
Licensee of KESQ-TV ) File Nos. EB-07-SD-288
Palm Springs, CA )
Facility ID # 25577 ) NOV No. V20073294016
NOTICE OF VIOLATION
Released: September 25, 2007
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 Gulf-California Broadcast Company
(Gulf-CA), licensee of Television Broadcast station KESQ-TV, Palm
Desert, California.
2. On August 13, 2007, an agent of the Enforcement Bureau's San Diego
Office inspected KESQ-TV, located at 42-650 Melanie Place, Palm
Desert, California, and observed the following violation:
a. 47 C.F.R. S: 73.3526(e)(11)(i): "For commercial TV and Class A TV
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.
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." The issues/program lists for KESQ-TV were not drafted in a
format that provided all the information as required by this rule section.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Gulf-CA 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 taken to correct each
violation, preclude recurrence, and should include a time line for
completion of pending corrective actions.
4. The response must be complete in itself and signed by a principal or
officer of Gulf-CA. 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
5. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Gulf-California Broadcast Company, at
its address of record.
6. 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