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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
WPGS, Inc. ) Field No.: EB-FIELDSCR-12-00003041
Licensee of AM Radio Station WPGS ) NOV No.: V201332700001
) Facility ID: 73876
Mims, FL )
NOTICE OF VIOLATION
Released: October 2, 2012
By the District Director, Tampa Office, South Central Region, Enforcement
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to WPGS, Inc., licensee of AM Radio
Station WPGS in Mims, Florida. 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 violation(s) noted herein.
2. On April 5, 2012, agents of the Commission's Tampa Office inspected
the AM Station WPGS located in Titusville, Florida and observed the
a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station, cable
system and wireless cable system are specified in the State EAS Plan
and FCC Mapbook. They are developed in accordance with FCC monitoring
priorities." At the time of the inspection, Station WPGS was not
monitoring its assigned LP-1 source. It was found monitoring only the
LP-2 source and the National Weather Service.
b. 47 C.F.R. S: 73.1570(a): "The percentage of modulation is to be
maintained at as high a level as is consistent with good quality of
transmissions and good broadcast service, with maximum levels not to
exceed the values specified in paragraphs (b)." At the time of the
inspection, the modulation monitor was not functioning properly.
There was no carrier indication. A station representative alleged
that the unit had been struck by lightning, but could not produce
evidence to confirm this allegation.
c. 47 C.F.R. S: 73.1590(a)(6) "The licensee of each AM, FM, TV and Class
A TV station...must make equipment performance measurements for each
main transmitter as follows: Annually for AM stations, with not more
than 14 months between measurements." At the time of the inspection,
there were no logs of any transmitter readings available. The most
current National Radio Systems Committee Standard (NRSC) measurements
available were dated October 5, 2000.
d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by S: 73.1820. This log shall be kept by
station employees competent to do so, having actual knowledge of the
facts required. All entries, whether required or not by the
provisions of this part, must accurately reflect the station
operation. Any employee making a log entry shall sign the log,
thereby attesting to the fact that the entry, or any correction or
addition made thereto, is an accurate representation of what
transpired." At the time of inspection, WPGS, Inc. was unable to
provide the agents from the Tampa Office with a station log for
e. 47 C.F.R. S: 73.1820(a)(1)(iii): "The following information must be
entered [in the Station log]: (iii) An entry of each test and
activation of the Emergency Alert System (EAS) pursuant to the
requirement of part 11 of this chapter and the EAS Operating
Handbook. Stations may keep EAS data in a special EAS log which shall
be maintained at a convenient location: however, this log is
considered to be part of the station log." At the time of inspection,
there were no entries for any EAS tests or activations. There were
also no entries stating that individual EAS tests had not been
received or transmitted.
f. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." At the time of the inspection, there was no written
designation of the chief operator.
g. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current
FCC authorization to construct or operate the station, as well as any
other documents necessary to reflect any modifications thereto or any
conditions that the FCC has placed on the authorization. These
materials shall be retained until replaced by a new authorization, at
which time a copy of the new authorization and any related materials
shall be placed in the file." At the time of the inspection, no
current authorization was available, nor was a copy of one placed in
the Public Inspection File. The only documentation available was an
authorization that had expired on 02/24/2004.
h. 47 C.F.R. S: 73.3526(e)(4): " Contour maps - A copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, together with any other information in the application
showing service contours and/or main studio and transmitter location
(State, county, city, street address, or other identifying
information). These documents shall be retained for as long as they
reflect current, accurate information regarding the station." At the
time of the inspection, Station WPGS did not have the contour map in
its public inspection file.
i. 47 C.F.R. S: 73.3526(e)(5) "Ownership reports and related materials -
A copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related materials shall be placed in the
file..." At the time of the inspection, the most recent ownership
report was dated in 1993.
j. 47 C.F.R. S: 73.3526(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.
The lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." At the time of inspection, the
agents found copies of public service announcements filed in lieu of
the Issues Programs lists. There was no record of any Issues Programs
Lists for any time period in the public inspection file at the time
of the inspection.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
WPGS, 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 Rules, we direct WPGS, Inc. to
support its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer or
representative of WPGS, Inc. with personal knowledge of the
representations provided in WPGS 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
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607
6. This Notice shall be sent to WPGS, 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.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa District Office
South Central Region
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: .
47 C.F.R. S: 1.89(c).
Section 1.16 of the 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