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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Vernon R. Baldwin, Inc. ) File No. EB-03-DT-
788
Licensee of Radio Station WWLT )
Facility ID # 72442 ) NOV No. V20043236008
Manchester, KY )
NOTICE OF VIOLATION
Released: January
8, 2004
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
Vernon R. Baldwin, Inc., licensee of radio station WWLT.
2. On December 16, 2003, an agent of the Commission's
Detroit Office inspected radio station WWLT, licensed to
Manchester, Kentucky, and observed the following
violation(s):
2.a. 47 C.F.R. § 11.52(d): ``Broadcast stations ...
must monitor two EAS sources. The monitoring
assignments of each broadcast station ... are
specified in the State EAS Plan and FCC
Mapbook. They are also developed in accordance
with FCC monitoring priorities...'' At the
time of inspection, the incorrect EAS sources
were being monitored.
2.b. 47 C.F.R. § 73.1820(a)(1)(iii): ``Station Log.
Entries must be made in the station log...An
entry of each test and activation of the
Emergency Alert System (EAS)...'' During the
period from November 2, 2003 to December 13,
2003, there were no entries of EAS received
tests
2.c. 47 C.F.R. § 73.3526(e)(8): ``Contents of the
file. The material required to be retained in
the public inspection file is as follows:...The
public and broadcasting. At all times, a copy
of the most recent version of the manual
entitled ``The Public and Broadcasting.'' At
the time of inspection, there was no copy of
``The Public and Broadcasting'' in the public
inspection file.
2.d. 47 C.F.R. § 73.3526(e)(9): ``Contents of the
file. The material required to be retained in
the public inspection file is as
follows:...Letters and e-mail from the public.
All written comments and suggestions from the
public regarding operation of the station,
unless the letter writer has requested that the
letter not be made public or when the licensee
feels that it should be excluded from public
inspection because of the nature of its
content, such as a defamatory or obscene
letter...shall be retained for a period of
three years from the date on which they are
received by the licensee...'' At the time of
inspection, there were no letters or emails
from the public in the public inspection file.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Vernon R. Baldwin, 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
4. This Notice shall be sent to Vernon R. Baldwin, Inc.,
Radio Station WWLT, 8686 Michael Lane, Fairfield, Ohio
45014. A copy shall also be sent to Vernon R. Baldwin,
Inc., Radio Station WWLT, 402 South Broad Street, London,
Kentucky 40471.
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.