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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   L. Stanley Wall ) Case No. EB-FIELDNER-12-00005005

   Licensee of AM Station WQTW )

   Facility ID # 36115 ) NOV No. V201332400008

   Latrobe, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: November 28, 2012

   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 (Rules) to L. Stanley Wall, licensee of AM
       Station WQTW in Latrobe, 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 October 11, 2012, agents of the Enforcement Bureau's Philadelphia
       Office inspected Station WQTW located at 2532 Springfield Pike,
       Connellsville, Pennsylvania, and observed the following violations:

     a. 47 C.F.R. S: 73.1125(a): "Each AM, FM and TV broadcast station shall
        maintain a main studio..." The Commission has interpreted Section
        73.1125 (also known as the "Main Studio Rule") to require, among
        other things, that a licensee maintain a "meaningful management and
        staff presence" at its main studio. Specifically, the Commission has
        found that a main studio "must, at a minimum, maintain full-time
        managerial and full-time staff personnel." Although management
        personnel need not be "chained to their desks" during normal business
        hours, they must "report to work at the main studio on a daily basis,
        spend a substantial amount of time there and...use the studio as a
        "home base." At the time of the inspection, there were no station
        personnel present at the main studio to facilitate an FCC inspection
        or to provide public access.

     b. 47 C.F.R. S: 73.3526(e)(5): "...Every permittee or licensee of an AM,
        FM, TV or Class A TV station in the commercial broadcast services
        shall maintain a public inspection file containing...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 current ownership report was not in the Station
        WQTW's public inspection file. 

     c. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol 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 (2). Appropriate entries
        indicating reasons why any tests were not received must be made in
        the broadcast station log as specified in S:S:73.1820 and 73.1840 of
        this chapter for all broadcast streams." At the time of the
        inspection, Station WQTW did not have EAS equipment capable of
        receiving messages formatted with the Common Alerting Protocol.

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


   David C. Dombrowski

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
   (1988) ("Main Studio and Program Origination Rules"), erratum issued, 3
   FCC Rcd 5717 (1988) (correcting language in n.29).

   See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order,
   6 FCC Rcd 3615, 3616 & n.2 (1991)  ("Jones Eastern")  (noting that, "This
   is not to say that the same staff person and manager must be assigned
   full-time to the main studio. Rather, there must be management and staff
   presence on a full-time basis during normal business hours to be
   considered `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992)  ("Jones
   Eastern II"). See also Birach Broadcasting Corporation, Notice of Apparent
   Liability, 25 FCC Rcd 2635 (Enf. Bur. 2010).

   Jones Eastern II, 7 FCC Rcd at 6802.

   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