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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Coolarity A2, LLC  ) File No.: EB-FIELDNER-13-00009751

   Licensee of Station WAAM )

   ) NOV No.: V201332360035

   Ann Arbor, MI )

   )  Facility ID: 72276

                              NOTICE OF VIOLATION

   Released: July 23, 2013

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Coolarity A2, LLC, licensee of
       AM Station WAAM, in Ann Arbor, Michigan. 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(s)
       noted herein.^

    2. On July 2, 2013, agents of the Enforcement Bureau's Detroit Office
       inspected Station WAAM located at 4230 Packard Road, Ann Arbor, MI and
       observed the following violation:

   47 C.F.R. S 11.56: "Obligation to process 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, the agent
   observed that Station WAAM did not have the required CAP-formatted EAS
   equipment installed.

    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 licensees.

    4. 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 violation and any remedial actions taken.
       Therefore, Coolarity A2, 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.^

    5. In accordance with Section 1.16 of the Rules, we direct Coolarity A2,
       LLC.  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Coolarity A2, LLC with personal knowledge of the
       representations provided in Coolarity A2, LLC.'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.^

    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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, MI 48335

    7. This Notice shall be sent to Coolarity A2, LLC at its address of

    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.


   James A. Bridgewater

   District Director

   Detroit 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(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