Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   ICS Communications, Inc. ) File No. EB-10-DT-0346

   Licensee of Radio Station WUCO )

   Facility ID # 29636 ) NOV No. V201132360006

   Marysville, Ohio )



                              NOTICE OF VIOLATION

   Released: June 10, 2011

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to section
       1.89 of the Commission's Rules to ICS Communications, Inc. ("ICS"),
       licensee of Station WUCO in Marysville, Ohio. This Notice may be
       combined with further action, if further action is warranted.

    2. On January 27, 2011, an agent of the Commission's Detroit Office
       inspected radio station WUCO in Marysville, Ohio, and observed the
       following violations:

     a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time
        of the inspection, the station records contained no entries regarding
        the receipt and transmission of EAS tests.

     b. 47 C.F.R. S: 73.62(a): "Each AM station operating a directional
        antenna must maintain the indicated relative amplitudes of the
        antenna monitor currents within 5% of the values specified therein.
        Directional antenna relative phase currents must be maintained to
        within 3 degrees of the values specified on the instrument of
        authorization." At the time of inspection, Station WUCO was operating
        out of tolerance with its authorized parameters.

     c. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. 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.).." At
        the time of the inspection, Station WUCO's public inspection file was
        missing two quarters of issues/programs lists.

    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, ICS 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
       ICS to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of ICS with personal knowledge of the
       representations provided in ICS 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    6. This Notice shall be sent to ICS Communications Inc. at its 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.


   James A. Bridgewater

   District Director

   Detroit 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).

                       Federal Communications Commission


                       Federal Communications Commission