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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Birach Broadcasting Corporation ) File No.: EB-FIELDNER-13-00010859

   Licensee of AM Station WWCS )

   Owner of Antenna Structures ) NOV No.: V201432400002

   ASR # 1222688 and # 1222689 )

   ) Facility ID: 5349

   Canonsburg, Pennsylvania )

                              NOTICE OF VIOLATION

   Released: November 14, 2013

   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 Birach Broadcasting Corporation
       (Birach), licensee of AM Station WWCS and owner of antenna structure
       numbers 1222688 and 1222689 in Canonsburg, Pennsylvania. 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 September 12, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure numbers 1222688 (Tower 1) and
       1222689 (Tower 2) and AM Station WWCS in Canonsburg, Pennsylvania and
       observed the following violations:

     a. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received must be made in the broadcast
        station log as specified in Sections 73.1820 and 73.1840 of this
        chapter for all broadcast streams . . . . " At the time of
        inspection, the agents observed that Station WWCS failed to receive
        any EAS messages from the Federal Emergency Management Agency's
        Integrated Public Alert Warning System (IPAWS) during the month of
        August 2013. Birach Broadcasting failed to make appropriate entries
        in the WWCS station logs indicating the reasons why these EAS tests
        were not received.

     b. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part must maintain a record of any
        observed or otherwise known extinguishment or improper functioning of
        a structure light and include the following information for each such
        event: (a) The nature of such extinguishment or improper functioning
        of a structure light. (b) The date and time the extinguishment or
        improper operation was observed or otherwise noted. (c) Date and time
        of FAA notification, if applicable. (d) The date, time, and nature of
        adjustments, repairs or replacements made." At the time of
        inspection, Birch Broadcasting could not produce any logs specifying
        (1) the date and time that it first became aware of the outage that
        existed with the obstruction lighting on antenna structure number
        1222689, (2) the date and time it notified the FAA of the outage that
        existed with the obstruction lighting on antenna structure number
        1222688, and (3) the time and date it made repairs to the obstruction
        lighting on antenna structure numbers 1222688 and 1222689.^

     c. 47 C.F.R. S 73.62(a): "Each AM station operating a directional
        antenna must maintain the relative amplitudes of the antenna
        currents, as indicated by the antenna monitor, within 5% of the
        values specified on the instrument of authorization. Directional
        antenna relative phases must be maintained within 3 degrees of the
        values specified on the instrument of authorization." At the time of
        inspection, the relative phase for Tower 1 exceeded the authorized
        relative phase value by 9 degrees during the daytime and 10 degrees
        during the nighttime. In addition, the relative phase for Tower 2
        during the nighttime was 9 degrees less than authorized.

     d. 47 C.F.R. S 73.3526(e)(5): "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. The permittee or licensee must retain in the public file either
        a copy of the contracts listed in such reports in accordance with S
        73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees
        or permittees who choose to retain a list of contracts must provide a
        copy of any contracts to requesting parties within 7 days." At the
        time of inspection, there were no ownership reports or related
        materials provided in the public inspection file.

     e. 47 C.F.R. S 73.3526(e)(12): "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..." At the time of
        inspection, there were no Radio Issues/Programs Lists for Station
        WWCS in the public inspection file.

     f. 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."
        At the time of inspection, the agents determined that the antenna
        input power for Station WWCS during the daytime was 2698 Watts or
        49.96% of that authorized. Furthermore, the agents determined that
        the antenna input power for Station WWCS during the nighttime was 722
        Watts or 133.7% of that authorized.^

     g. 47 C.F.R. S 73.1350(c)(2) "Monitoring equipment must be periodically
        calibrated so as to provide reliable indications of transmitter
        operating parameters with a known degree of accuracy. Errors inherent
        in monitoring equipment and the calibration procedure must be taken
        into account when adjusting operating parameters to ensure that the
        limits imposed by the technical rules and the station authorization
        are not exceeded." At the time of inspection, the WWCS chief operator
        was unable to determine the last time the power meter and antenna
        monitor was last calibrated.

    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 Rules, we seek additional information concerning
       the violations and any remedial actions taken. Therefore, Birach
       Broadcasting 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 Birach
       Broadcasting to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Birach Broadcasting with personal knowledge of
       the representations provided in Birach Broadcasting'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.^

    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 Birach Broadcasting Corporation 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.


   David C. Dombrowski

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ On August 22, 2013, an agent of the Enforcement Bureau's Philadelphia
   Office observed that all of the obstruction lighting on antenna structure
   number 1222688 was extinguished and one of the two obstruction lights on
   the 2/3 level of antenna structure number 1222689 was extinguished. In a
   letter dated September 13, 2013, Birach Broadcasting stated that the
   repairs to the obstruction lights were completed just a few days after the
   agent's inspection.

   ^ The WWCS license (File No. BL-941209AB) specifies an antenna input power
   of 540 Watts during the nighttime based on an incorrect common point
   current of 2.39 Amps and an incorrect resistance of 0.50 ohms. The Media
   Bureau has recommended that Birach Broadcasting file a formal written
   request with the Office of the Secretary to the attention of Supervisory
   Engineer Son Nguyen , Federal Communications Commission, Media Bureau,
   Audio Division, Room 2-A522, Washington, DC 20554 to reissue the license
   to correct the nighttime current and resistance as specified in the
   license application.

   ^ 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