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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No. File No. [1]EB-FIELDNER-13-00006580

   )

   Discussion Radio Inc )

   Licensee of AM Station WDIS ) NOV No. V201332260003

   Facility ID # 16977 )

   Norfolk, Massachusetts )

                              NOTICE OF VIOLATION

   Released: March 13, 2013

   By the District Director, Boston 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 Discussion Radio Inc, licensee
       of AM Station WDIS in Norfolk, Massachusetts. Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation noted
       herein.^

    2. On January 25, 2013, an agent of the Enforcement Bureau's Boston
       Office inspected the two-tower array located at 100 Pond Street in
       Norfolk, Massachusetts, and observed the following violation:

   47 C.F.R. S 73.49: "Antenna towers having radio frequency potential at the
   base (series fed, folded unipole, and insulated base antennas) must be
   enclosed within effective locked fences or other enclosures. Ready access
   must be provided to each antenna tower base for meter reading and
   maintenance purposes at all times. However, individual tower fences need
   not be installed if the towers are contained within a protective property
   fence." At the time of inspection, the agent observed that both towers in
   the two-tower array were not enclosed in a secured locked fence and there
   was no protective property fence.

    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, Discussion Radio Inc. must submit a written statement
       concerning this matter within twenty (20) days of release of this
       Notice. The response (i) must fully explain the 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 Discussion
       Radio 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 Discussion Radio Inc.  with personal knowledge
       of the representations provided in Discussion Radio Inc. 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

   Boston  Office

   1 Batterymarch Park Ste 102

   Quincy, MA, 02169

    6. This Notice shall be sent to Discussion Radio 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

   Dennis Loria

   District Director

   Boston District 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 308.

   ^ 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

   2

                       Federal Communications Commission

References

   Visible links
   1. https://ebats.fcc.gov/ebats/overview.action?complaint_key=EB-FIELDNER-12-00000856