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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Believe & Achieve Family And )

   Educational Center, Inc. ) File No. EB-09-PA-0198

   Licensee of Radio Station WZUM )

   Facility ID # 27137 ) NOV No. V201032400016

   Carnegie, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: January 7, 2010

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Believe & Achieve Family and
       Educational Center, Inc.,("Believe & Achieve"),  licensee of AM radio
       station WZUM in Carnegie, Pennsylvania. This Notice may be combined
       with a further action, if further action is warranted.

   2. On September 16, 2009, agents of the Commission's Philadelphia Office
   inspected radio station WZUM located in Carnegie, Pennsylvania, and
   observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and
        wireless cable systems 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...."
        A review of the station's EAS logs revealed that WZUM was monitoring
        only one EAS source.

     b. 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)."  A
        review of the station's EAS logs revealed that entries were not made
        in the EAS logs to show required weekly EAS tests for the weeks of
        June 7, 2009, August 16, 2009, and August 23, 2009.  The station's
        EAS logs also revealed that entries were not made in the EAS logs to
        show required monthly EAS tests received and retransmitted for the
        months of January, February, March, June, and August of 2009. There
        were no entries in the station logs indicating the reason why the
        required weekly tests and required monthly tests were not conducted.

     c. 47 C.F.R. S: 73.61(a): "Each AM station using a directional antenna
        must make field strength measurements at the monitoring point
        locations specified in the instrument of authorization, as often as
        necessary to ensure that the field at those points does not exceed
        the values specified in the station authorization." On September 16,
        2009, the field strength measurement exceeded the authorized value of
        1.11 mV/m during the day for WZUM's 221.5DEG monitoring point. The
        FCC agents measured 1.78 mV/m.

     d. 47 C.F.R. S: 73.69(e): "The antenna monitor must be calibrated
        according to the manufacturer's instructions as often as necessary to
        ensure its proper operation." At the time of inspection, the antenna
        monitor was not properly functioning.

     e. 47 C.F.R. S:  73.1201(a)(2): "Broadcast station identification
        announcements shall be made ... [h]ourly, as close to the hour as
        feasible, at a natural break in program offerings." On September 14,
        2009, Believe & Achieve did not transmit the proper call sign on
        station WZUM at the top of the 8:00 pm hour. Instead, agents heard
        station WZUM transmit the call sign for the station whose programming
        it retransmits.

     f. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must
        have the capability to turn the transmitter off at all times. If the
        personnel are at a remote location, the control system must provide
        this capability continuously or must include an alternate method of
        acquiring control that can satisfy the requirement of paragraph (d)
        of this section that operation be terminated within 3 minutes."
        Believe & Achieve operates station WZUM on an unattended basis but
        does not have the capability to terminate operations of the WZUM
        transmitter within 3 minutes. The personnel designated by the
        licensee to control the transmitter must have the capability to turn
        the transmitter off at all times, or include an alternate method of
        taking control of the transmitter which can terminate the station's
        operation within 3 minutes.

     g. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must
        enable the licensee to determine compliance with S:73.1560 regarding
        operating power and AM station mode of operation, S: 73.1570
        regarding modulation levels, and, where applicable, S: 73.1213
        regarding antenna tower lighting, and S:73.69 regarding the
        parameters of an AM directional antenna system." On the day of
        inspection, the chief operator stated that the field strength
        measurements have not been verified in over two years indicating that
        there was not a set procedure to ensure compliance.

   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, 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, Believe & Achieve Family and Educational Center, 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 Commission's Rules, we direct
   Believe & Achieve Family and Educational Center, 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 Believe & Achieve
   Family and Educational Center, Inc. with personal knowledge of the
   representations provided in Believe & Achieve Family and Educational
   Center, Inc.'s 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 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.

   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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

   6. This Notice shall be sent to Believe & Achieve Family and Educational
   Center, 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, further
   action is required to ensure compliance.


   Gene J. Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

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

   The authorized field strength during the night time along the 221.5DEG
   monitoring point is 0.3 mV/m. The FCC agents measured 0.31 mV/m at night

   47 U.S.C. S: 403.

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

   Section 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. 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


                       Federal Communications Commission