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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-
119
Licensee of Radio Station WGMM )
Facility ID # 14713 ) NOV No.
V20043228015
Big Flats, New York )
)
Attention: Mr. Robert Eolin, President )
NOTICE OF VIOLATION
Released: December
12, 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 WGMM.
2. On September 25, 2003, an agent of the Commission's
Buffalo Office inspected radio station WGMM located in Big
Flats, 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.'' WGMM 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.''
WGMM did not transmit weekly tests for the
periods June 17 to July4, 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. Box 1047; 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.