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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Enrico S. Brancadora ) File No. EB-11-PA-0008

   Licensee of AM Station WIBG )

   Facility ID # 19617 ) NOV No. V201132400016

   Ocean City, New Jersey )


                              NOTICE OF VIOLATION

   Released: March 21, 2011

   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 Enrico S. Brancadora, licensee of AM
       Station WIBG in Ocean City, New Jersey. This Notice may be combined
       with a further action, if further action is warranted.

    2. On January 25, 2011, agents of the Commission's Philadelphia Office
       inspected AM Station WIBG in Ocean City, New Jersey and observed the
       following violations:

     a. 47 C.F.R. S: 11.52(d): "Broadcast stations ... must monitor two EAS
        sources. The monitoring assignments of each broadcast station ... are
        specified in the State EAS Plan and FCC Mapbook. They are developed
        in accordance with FCC monitoring priorities..." The Emergency Alert
        System Plan for New Jersey specifies that WIBG must monitor a Primary
        Entry Point Station and WFPG 96.9 MHz. At the time of inspection,
        WIBG was not monitoring WFPG or a Primary Entry Point Station. WIBG
        was monitoring WENJ-FM which is not a required source.

     b. 47 C.F.R. S: 73.189(b)(4): "... [I]t is considered that where a
        vertical radiator is employed with its base on the ground, the ground
        system should consist of buried radial wires at least one-forth wave
        length long...." At the time of inspection, the agents observed that
        the radial wires associated with the vertical radiator's ground
        system were inadequately buried.

     c. 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, unless otherwise provided in this part." WIBG
        was found operating at times outside the authorized daytime
        authorization and with power above the authorized critical power.

    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, Enrico S. Brancadora 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
       Enrico S. Brancadora to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of AM Station WIBG with personal knowledge of
       the representations provided in Enrico S. Brancadora'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 Enrico S. Brancadora at his address of

    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. 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.


   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).

   According to the Emergency Alert System Plan for the state of New Jersey,
   the Primary Entry Point Stations include: WNJN 89.7 MHz; WNJS 88.1 MHz;
   WNJB 89.3 MHz; WNJZ 90.3 MHz; WNJM 89.9 MHz; WNJT 88.1 MHz; WNJP 88.5 MHz;

   The Emergency Alert System Plan for the state of New Jersey strongly
   encourages broadcast and cable operators to monitor the NOAA Weather Radio
   Station that serves their area but it is not an FCC requirement.

   AM Station WIBG is authorized 0.68 kW during critical hour operation and
   1.9 kW during daytime operation. Based on field strength measurements
   using a calibrated FIM-41 meter serial number 651, the agents calculated
   the power for station WIBG to be 1.841 kW during their critical hour
   period prior to inspection.

   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).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission