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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Eolin Broadcasting Inc. ) File No. EB-03-BF-
118
Licensee of Radio Station WCBA-FM )
Facility ID # 19651 ) NOV No.
V20043228004
Corning, New York )
)
Attention: Mr. Robert Eolin, President )
NOTICE OF VIOLATION
Released: October
30, 2003
By the Resident Agent, Buffalo Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Eolin Broadcasting, Inc., licensee of radio station WCBA-FM.
2. On September 25, 2003, an agent of the Commission's
Buffalo Office inspected radio station WCBA-FM located in
Corning, New York, and observed the following violation(s):
2.a. 47 C.F.R. § 11.35(a): ``... Additionally
broadcast stations .... must determine the
cause of any failure to receive the required
tests specified in §§ 11.61(a)(1) and (2).
Appropriate entries must be made in the
broadcast station log as specified in § 73.1820
and § 73.1840 .... , indicating reasons why any
tests were not received.'' WCBA-FM logs did
not contain entries determining the cause of
any failure to receive weekly tests from LP-1,
WNKI, for the periods June 4 to June 19, 2003
and August 21 to September 10, 2003.
2.b. 47 C.F.R. § 11.61(a)(2)(A): ``Effective
January 1, 1997, AM, FM, and TV stations must
conduct weekly tests of the EAS header and EOM
codes at least once a week at random days and
times.'' WCBA-FM did not transmit weekly tests
for the periods June 17 to July 4, 2003; July
29 to August 14, 2003; and August 27 to
September 10, 2003.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Eolin Broadcasting Inc., 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
Room 1307 Federal Building
111 W. Huron Street
Buffalo, New York 14202
4. This Notice shall be sent to Eolin Broadcasting Inc;
P.O. Box1047; Corning, New York 14830.
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
Gene J. Stanbro
Resident Agent
Buffalo 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.