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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Stone/Collins Communications, Inc. ) File No. EB-09-AT-0018

   Licensee of Radio Station WEPG (AM) )

   Facility ID #40154 ) NOV No. V201032480002

   South Pittsburg,Tennessee )



                              NOTICE OF VIOLATION

   Released: January 20, 2010

   By the District Director, Atlanta Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Stone/Collins Communications, Inc.,
       licensee of radio station WEPG in South Pittsburg, Tennessee.

    2. On August 19, 2009, agents of the Commission's Atlanta Office of the
       Enforcement Bureau inspected the main studio of AM radio station WEPG 
       located in South Pittsburg, Tennessee, and observed the following

     a. 47 C.F.R. S: 73.1870(a) and (c): "The licensee of each AM...broadcast
        station must designate a person to serve as the station's chief
        operator...The chief operator is responsible for...[i]nspections and
        calibrations of the transmission system, required monitors, metering
        and control systems and any necessary repairs or adjustments...Review
        of the station records at least once a week to determine if required
        entries are being made correctly...Upon completion of the review, the
        chief operator or his designee must date and sign the log, initiate
        any corrective action which may be necessary, and advise the station
        licensee of any condition of which is repetitive." There was no
        written designation of chief operator posted at the station, and
        there was no written record of any review of the station's logs.

     b. 47 C.F.R. S: 73.51(a), (d), and (e)(2): "Except in those
        circumstances described in paragraph (d) of this section, the
        operating power shall be determined by the direct method...When it is
        not possible or appropriate to use the direct method of power
        determination due to technical reasons, the indirect method of
        determining operating power...may be used on a temporary basis. A
        notation must be made in the station log indicating the dates of
        commencement and termination of measurement using the indirect method
        of power determination...and [t]he value of F applicable to each mode
        of operation must be determined and a record kept thereof with a
        notation as to its derivation...and retained in the station records."
        The licensee was not determining the station's operating power by the
        direct method, and had been determining power indirectly for a long
        time. There was no recorded value of "F" (efficiency factor)
        available at the station and no logs indicating when the station
        commenced determination of operating power by the indirect method.

     c. 47 C.F.R. S: 73.1560(a): "[T]he antenna input power of an AM
        station...must be maintained as near as practicable to the authorized
        antenna input power and may not be less than 90% nor more than 105%
        of the authorized power." The station's daytime power level was 80%
        of the authorized power.

     d. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at
        times, or with modes or power, other than those specified and made a
        part of the license." On the evening of August 18, 2009, the station
        did not reduce power from daytime levels to nighttime levels for over
        an hour.

     e. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
        sources." The second monitoring receiver on the EAS unit was not
        working at the time of inspection; the station was only monitoring
        one EAS source. The EAS logs showed that the last time the second
        receiver had worked was in March of 2009. During the inspection, the
        licensee found that the antenna had been disconnected to the second
        receiver and the problem was fixed.

     f. 47 C.F.R. S: 11.61 (a)(2): "EAS participants shall conduct...required
        weekly tests." The licensee had not sent the required weekly tests on
        the second receiver since March 2009.

    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, Stone/Collins Communications, 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
       Stone/Collins Communications, 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 Stone/Collins
       Communications, Inc. with personal knowledge of the representations
       provided in Stone/Collins Communications, 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

   Atlanta  Office

   3575 Koger Blvd, Suite 320

   Duluth, GA 30096

    6. This Notice shall be sent to Stone/Collins Communications, 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.


   Douglas G. Miller

   District Director

   Atlanta District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   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