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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Real Life Broadcasting, Inc. ) File No. EB-FIELDNER-12-00002778
Licensee of Station WIFI )
Facility ID # 55310 )
Florence, New Jersey ) NOV No. V201232400046
NOTICE OF VIOLATION
Released: September 14, 2012
By the District Director, Philadelphia Office, Northeast Region,
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Real Life Broadcasting, Inc.
(Real Life), licensee of AM Station WIFI in Florence, Pennsylvania.
Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does
not preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violations noted herein.
2. On June 13, 2012, agents of the Enforcement Bureau's Philadelphia
Office inspected AM Station WIFI located at 2025 Columbus Road,
Burlington, New Jersey and observed the following violations:
a. 47 C.F.R. S: 11.35(a): "...EAS Participants are responsible for
ensuring that EAS Encoders, EAS Decoders, and Attention Signal
generating and receiving equipment used as part of the EAS are
installed so that the monitoring and transmitting functions are
available during the times the stations and systems are in operation.
Additionally, EAS Participants must determine the cause of any
failure to receive the required tests or activations specified in
S:11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why
any tests were not received must be made in the broadcast station
logs as specified in S:S:73.1820 and 73.1840 of this chapter... " For
the period between April 2, 2012 and June 12, 2012, Real Life failed
to ensure that Station WIFI was receiving and transmitting the
required weekly tests and required monthly tests. Furthermore, at the
time of the inspection, there were no entries in the station's log
indicating reasons why Station WIFI did not receive the Required
Monthly Tests during this period.
b. 47 C.F.R. S: 11.52(d): "EAS participants 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...." At the time of inspection, Real Life was not monitoring a
New Jersey Network Station as required in the New Jersey State EAS
c. 47 C.F.R. S: 73.62(a): "Each AM station operating a directional
antenna must maintain the relative amplitudes of the antenna
currents, as indicated by the antenna monitor, within 5% of the
values specified on the instrument of authorization. Directional
antenna relative phase must be maintained within 3 degrees of the
values specified on the instrument of authorization." At the time of
inspection, Station WIFI was operating out of tolerance with its
authorized directional antenna parameters.
d. 47 C.F.R. S: 73.1560(a)(1): "[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." The authorization for Station WIFI specifies a
daytime antenna input power of 5250 Watts and a nighttime antenna
input power of 540 Watts. Agents made numerous field strength
measurements that revealed Station WIFI operated with its daytime
power between 8:30 p.m. and 10:30 p.m. on June 6, 2012 and June 7,
2012. The agents also determined that Station WIFI was operating
after 10:30 p.m. on June 6, 2012 and June 7, 2012 with an antenna
input power of 210 Watts or 39% of that authorized.
e. 47 C.F.R. S: 73.1590(a)(6): "(a) 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:... (6) Annually, for AM stations, with
not more than 14 months between measurements." At the time of the
inspection, Real Life could not produce any equipment performance
measurements for Station WIFI.
f. 47 C.F.R. S:S: 73.1870(a)(1) & (a)(3): "The licensee of each AM, FM,
TV or Class A TV station must designate a person to serve as the
station's chief operator... The designation of the chief operator
must be in writing and posted with the station's license." The agents
found no written designation of a chief operator for the station.
g. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
for completion of the following duties specified in this paragraph
below. ... (3) Review of 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 Chief Operator had not
signed the EAS logs for over six months.
h. 47 C.F.R. S:S: 73.3526(e)(8), (e)(12), (e)(14): "Contents of the
file. The material[s] to be retained in the public inspection file
[are]...(8) The public and broadcasting. At all times, a copy of the
most recent version of the manual entitled "The Public and
Broadcasting."... (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.). 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... (14) Radio and television time brokerage
agreements. For commercial radio and television stations, a copy of
every agreement or contract involving time brokerage of the
licensee's station or of another station by the licensee, whether the
agreement involves stations in the same markets or in differing
markets, with confidential or proprietary information redacted where
appropriate. These records shall be retained as long as the contract
or agreement is in force." At the time of the inspection, the public
file was missing The Public and Broadcasting, the radio
issues/programs lists for the 3rd and 4th Quarters of 2011 and 1st
Quarter of 2012, and the Time Brokerage Agreement between Real Life
and Florence Broadcast Partners.
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.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Real Life Broadcasting 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.
5. In accordance with Section 1.16 of the Commission's Rules, we direct
Real Life Broadcasting, 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 Real Life Broadcasting, Inc. with
personal knowledge of the representations provided in Real Life
Broadcasting, 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.
6. 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
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
7. This Notice shall be sent to Real Life Broadcasting, Inc. at its
address of record.
8. 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.
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
Philadelphia District Office
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
The determination was based on a common point current meter reading of 2.0
Amps when the station's transmitter was temporarily switched to nighttime
47 U.S.C. S: 308(b).
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