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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Walter Czura ) File No. EB-03-AT-
148
Licensee of Radio Station WNFO(AM) )
Facility ID # 70793 ) NOV No.
V20033248001
Sun City / Hilton Head )
)
NOTICE OF VIOLATION
Released: August 6,
2003
By the District Director, Atlanta Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Walter Czura, licensee of radio station WNFO(AM).
2. On July 22, 2003, agents of the Commission's Atlanta
Office inspected radio station WNFO(AM) located at Sun City
/ Hilton Head, SC, and observed the following violation(s):
2.a. 47 C.F.R. § 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.'' There was
no fence surrounding the base of the antenna
tower for WNFO(AM).
2.b. 47 C.F.R. § 11.35(a): ``Broadcast stations and
cable systems and wireless cable systems are
responsible for ensuring that EAS Encoders, EAS
Decoders and Attention Signal generating and
receiving equipment used as part of the EAS are
installed so that the monitoring and
transmitting functions are available during the
times the stations and systems are in
operation.'' There was no EAS equipment
installed at the station at the time of
inspection and there were no EAS logs to
demonstrate that the station had EAS equipment
installed prior to the inspection.
2.c. 47 C.F.R. § 73.3526(a)(2): Every permittee or
licensee of an AM, FM, TV or Class A TV station
in the commercial broadcast services shall
maintain a public inspection file at the
station's main studio. There was no public
inspection file located at the main studio.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Walter Czura, must submit a written statement
concerning this matter within 20 days of release of this
Notice. The response must fully explain each violation,
must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective
action(s). The response must be complete in itself and
signed by a principal or officer of the licensee with
personal knowledge of the matter. 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
Atlanta Office
3575 Koger Blvd, Suite 320
Duluth, GA 30096
4. This Notice shall be sent to Walter Czura, Radio
Station WNFO(AM), P.O. Box 6567, Hilton Head Island, SC
29938.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
Fred L. Broce
District Director
Atlanta Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.