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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
M. J. Phillips Communications Inc. ) File No.: EB-FIELDNER-13-00007256
Licensee of AM Station WJJL )
Facility ID # 39517 )
Licensee of STL Station WHB714 ) NOV No.: V201332400021
Registrant of Antenna Structure Number 1245343 )
Niagara Falls, New York )
NOTICE OF VIOLATION
Released: March 25, 2013
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 M. J. Phillips Communications,
Inc (Phillips), licensee of AM Station WJJL and Aural Studio
Transmitter Link (STL) Station WHB714 and registrant of antenna
structure number 1245343 in Niagara Falls, New York. 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 violations noted herein.^
2. On March 6, 2013 and March 7, 2013, agents of the Enforcement Bureau's
Philadelphia Office inspected the main studio of AM Station WJJL
located in West Seneca, New York and antenna structure number 1245343
in Niagara Falls, New York and observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part..." At the time of the inspection, Phillips was operating an STL
on the unauthorized frequency 947.0 MHz from the unauthorized
location of 976-B Union Road, West Seneca, New York. The license for
Station WHB714 only authorizes Phillips to operate the STL on the
frequency 947.5 MHz at 1224 Main Street, Niagara Falls, New York.
b. 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 (CAP) 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 S11.61(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
SS73.1820 and 73.1840 of this chapter for all broadcast streams..."
At the time of inspection, WJJL did not have records to indicate
their equipment was receiving tests formatted with the Common
Alerting Protocol (CAP). Additionally, there were no records to
determine the cause of failure to receive any CAP message.
c. 47 C.F.R. S 11.52(d)(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 ... are specified in the State EAS Plan and
FCC Mapbook." At the time of inspection, Phillips was not monitoring
WBUF (92.9 MHz) as required by the New York State EAS Plan.^
d. 47 C.F.R. S 73.1350(a): "Each licensee is responsible for maintaining
and operating its broadcast station in a manner ... in accordance
with the terms of the station authorization." Phillips was operating
Station WJJL from an unauthorized location.^
e. 47 C.F.R. S 73.1820(a)(1)(iii): "Entries must be made in the station
log...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." At the time of the inspection, there were no
logs of the Required Weekly Tests and Required Monthly Tests
f. 47 C.F.R. S 73.1870(a)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license. Agreements with chief operators serving on a
contract basis must be in writing with a copy kept in the station
files." At the time of the inspection, Phillips had not made the
designation of the chief operator in writing.
g. 47 C.F.R. S 73.3526(e)(12): The material[s] to be retained in the
public inspection file [are]... 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..." The WJJL issues program
lists did not include descriptions that specified the time, date, and
duration of the program and include narratives describing the
community issues given significant treatment.
h. 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. Materials 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 agent observed that the
posted antenna structure registration number was faded and
i. 47 C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: Shall make an observation of
the antenna structure's lights at least once each 24 hours either
visually or by observing an automatic properly maintained indicator
designed to register any failure of such lights, to insure that all
such lights are functioning properly as required; or alternatively,
(2) Shall provide and properly maintain an automatic alarm system
designed to detect any failure of such lights and to provide
indication of such failure to the owner." According to WJJL's
representative, the antenna structure was not equipped with an
automatic monitoring system, and observations of the structure's
lights were not being made once every 24 hours.
j. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." At the time of the inspection, the agent observed
that the white paint on the structure was faded and flaking.
k. 47 C.F.R. S 17.57: "The owner must also immediately notify the
Commission using FCC Form 854 upon any change in structure height or
change in ownership information." The Commission's Antenna Structure
Registration database incorrectly specifies the owner of antenna
structure number 1245343 as M. J. Phillips Communications Inc Debtor
In Possession and specifies an incorrect mailing address for
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 Sections 308(b) and 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, Phillips 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 Rules, we direct Phillips to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Phillips with personal knowledge of the representations provided in
Phillips' 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
230 East Lincoln Highway
Langhorne, Pennsylvania 19047
7. This Notice shall be sent to M. J. Phillips Communications 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).
^ According to the NY State EAS Plan, WJJL must monitor WWKB (1520 kHz)
and WBUF (92.9 MHz) for EAS activations. At the time of the inspection,
WJJL was monitoring WBEN and WWKB.
^ Phillips was operating Station WJJL at the coordinates 43^o 04' 52"
North Latitude 079^o 00' 59" West Longitude. The authorized transmitter
site specified on the WJJL license (BL-840412AE) is 43^o 04' 43" North
Latitude 079^o 00' 40" West Longitude.
^ 47 U.S.C. SS 308(b) and 403.
^ 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