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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Langer Broadcasting Outdoors, Inc. ) File No. EB-11-PA-0058

   Licensee of AM Station WFYL )

   Facility ID # 22896 ) NOV No. V201132400023

   King of Prussia, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: April 18, 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 Langer Broadcasting Outdoors, Inc,
       licensee of AM Station WFYL in King of Prussia, Pennsylvania. This
       Notice may be combined with a further action, if further action is

    2. On March 25, 2011, agents of the Commission's Philadelphia Office
       inspected AM Station WFYL in King of Prussia, Pennsylvania and
       observed the following violations:

     a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received must be made in the broadcast
        station log as specified in sections 73.1820 and 73.1840 of this
        chapter for all broadcast streams . . . . " The Emergency Alert
        System Plan for Pennsylvania specifies that WFYL must monitor Local
        Primary Stations WMGK and WHYY. Although Station WFYL's EAS equipment
        was set up to monitor Station WMGK and WHYY, there were no entries in
        the station's logs indicating why the station had not received any
        EAS alerts from Station WHYY since January 20, 2011.

     b. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the
        station records at least once each week to determine if required
        entries are being made correctly. Additionally, verification must be
        made that the station has been operated as required by the rules or
        the station authorization. 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 which is repetitive." At the time of
        inspection, the agents observed that the logs were not signed and
        dated by the chief operator.

     c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM 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 for each calendar quarter
        is to be filed by the tenth day of the succeeding calendar quarter
        (e.g., January 10 for the quarter October-December, April 10 for the
        quarter January-March, etc.). The list shall include a brief
        narrative describing what issues were given significant treatment and
        the programming that provided this treatment. The description of the
        programs shall include, but shall not be limited to, the time, date,
        duration, and title of each program in which the issue was treated."
        At the time of inspection, WFYL's quarterly issues reports were not
        properly recorded for years 2008 through 2009 because they did not
        contain a complete description for each program that included the
        time, date, duration, title and brief narrative.

     d. Section 73.1560(a)(1) provides that "[t]he antenna input power of an
        AM station as determined by the procedures specified in S:73.51 must
        be maintained as near as is practicable to the authorized antenna
        input power and may not be less than 90% nor more than 105% of the
        authorized power." Station WFYL's authorization specifies a daytime
        power of 1000 watts. The agents determined that at the time of
        inspection, WFYL's transmitter forward power was 224 watts, which
        resulted in operation at 22% of authorized power.

     e. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
        Class A TV station, except licensees of Class D non-commercial
        educational FM stations authorized to operate with 10 watts or less
        output power, must make equipment performance measurements for each
        main transmitter as follows: Annually, for AM stations, with not more
        than 14 months between measurements." Station WFYL's latest available
        equipment performance measurements were dated December 1, 2006.

    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, Langer Broadcasting Outdoors, 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
       Langer Broadcasting Outdoors, 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 AM Station WFYL with
       personal knowledge of the representations provided in Langer
       Broadcasting Outdoors, 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 Langer Broadcasting Outdoors, 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. 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).

   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