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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Volusia Broadcasting Company, LLC ) File No.: EB-FIELDSCR-13-00006337
Licensee of AM Station WORD ) NOV No.: V201332700005
) Facility ID: 36169
Owner of Antenna Structure Number 1020821 )
Daytona Beach, FL )
NOTICE OF VIOLATION
Released: February 13, 2013
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 Volusia Broadcasting Company,
LLC, licensee of AM Station WROD and owner of antenna structure number
1020821, both located in Daytona Beach, 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)
2. On January 17, 2013, agents of the Enforcement Bureau's Tampa Office
observed the following violations regarding AM Station WROD:
a. 47 C.F.R. S 11.35 (a): "Equipment operational readiness. 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." At the time of inspection, Station WROD's installed
EAS encoder was not operational.
b. 47 C.F.R. S 11.52 (d): "EAS Participants must comply with the
following monitoring requirements: (1) With respect to monitoring for
EAS messages that are formatted in accordance with the EAS Protocol,
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 and FCC Mapbook." At
the time of inspection, there was no evidence that Station WROD was
monitoring the two EAS sources specified in the State EAS plan.
c. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012, EAS
Participants must have deployed operational equipment that is capable
of the following: (1) Acquiring EAS alert messages in accordance with
the monitoring requirements in S11.52(d)(2); (2) Converting EAS alert
messages that have been formatted pursuant to the Organization for
the Advancement of Structured Information Standards (OASIS) Common
Alerting Protocol..." During the inspection conducted on January 17,
2013, Station WROD did not have any of the required CAP-formatted EAS
d. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Material used to display the
Antenna Structure Registration Number must be weather resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of inspection, the Antenna Structure
Registration Number 1020821 was not posted near the base of the
e. 47 C.F.R. S 73.1560 (a)(1): "Except as provided for in paragraph
(d) of this section, the 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 transmitter's meter indicated that radio Station WROD was
operating at 665 watts or approximately 66.5% of its authorized
f. 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: (6) [a]nnually, for AM
stations, with not more than 14 months between measurements." At the
time of inspection, the equipment performance measurements could not
be found, and there was no evidence that they had been conducted
within the last 14 months.
g. 47 C.F.R. S 73.1800(a): "The licensee of each station must maintain a
station log as required by Section 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 the inspection, there was no station log
for the calendar year 2012.
h. 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 after June 30,
2012. There were also no entries stating that individual EAS tests
had not been received or transmitted.
i. 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.). 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 the
inspection, Station WROD was missing issues/programs lists for the
3^rd and 4^th quarters of 2011 and for the calendar year of 2012.
3. Pursuant to Section 308(b) 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, Volusia Broadcasting Company, LLC, 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 Volusia
Broadcasting Company, LLC, 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 Volusia Broadcasting
Company, LLC with personal knowledge of the representations provided
in Volusia Broadcasting Company, LLC 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, Florida, 33607
6. This Notice shall be sent to Volusia Broadcasting Company, LLC, 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 308(b).
^ 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