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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Prayer Tower Ministry ) File No. EB-03-DT-
0006
Licensee of Radio Station WLWZ-LP )
Facility ID # 126095 ) NOV No. V20043236001
Cassopolis, MI )
NOTICE OF VIOLATION
Released: October
7, 2003
By the District Director, Detroit Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Prayer Tower Ministry, licensee of radio station WLWZ-LP.
2. On April 30, 2003 and May 1, 2003, an agent of the
Commission's Detroit Office monitored radio station WLWZ-LP
located at Cassopolis, Michigan, and observed the following
violation(s):
2.a. 47 C.F.R. § 73.503(d): ``Each station shall
furnish a nonprofit and noncommercial broadcast
service. Noncommercial educational FM
broadcast stations are subject to the
provisions of §73.1212 to the extent they are
applicable to the broadcast of programs
produced by, or at the expense of, or furnished
by others. No promotional announcement on
behalf of for profit entities shall be
broadcast at any time in exchange for the
receipt, in whole or in part, of consideration
to the licensee, its principals, or employees.
However, acknowledgements of contributions can
be made. The scheduling of any announcements
and acknowledgements may not interrupt regular
programming.'' WLWZ-LP was observed furnishing
commercial programming.
2.b. 47 C.F.R. § 73.879: ``An LPFM licensee may not
retransmit, either terrestrially or via
satellite, the signal of a full-power radio
broadcast station.'' WLWZ-LP was observed
retransmitting a full-power radio station.
2.c. 47 C.F.R. § 73.1201(a): ``When regularly
required. Broadcast station identification
announcements shall be made: (1) At the
beginning and ending of each time of operation,
and (2) Hourly, as close to the hour as
feasible, at a natural break in program
offerings. Television and Class A television
broadcast stations may make these announcements
visually or aurally.'' WLWZ-LP failed to
transmit station identification.
2.d. 47 C.F.R. § 73.1620(d): ``All operation under
program test authority shall be in strict
compliance with the rules governing broadcast
stations and in strict accordance with
representations made in the application for
license pursuant to which the tests were
authorized.'' WLWZ-LP was observed
transmitting commercial programming which was
not authorized under program test authority.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Prayer Tower Ministry, 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
4. This Notice shall be sent to Prayer Tower Ministry,
P.O. Box 134, Cassopolis, MI 49031.
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
James A. Bridgewater
District Director
Detroit 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.