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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
NM Licensing, LLC ) File No. EB-04-CG-
005
Licensee of Radio Station WRXQ )
3959 ) NOV No.
V20043232005
Coal City, Illinois )
)
5. NOTICE OF VIOLATION
Released: January
14, 2003
By the District Director, Chicago Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to NM Licensing, LLC,
licensee of radio station WRXQ.
On January 8, 2004, an agent of the Commission's Chicago
Office inspected radio station WRXQ, located in Crest Hill,
Illinois, and observed the following violation(s):
5.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.'' At the time of the
inspection there was no record of the station
monitoring WGN, the designated LP-2 for that
area.
5.b. 47 C.F.R. § 11.61(a)(1)(v): ``...These monthly
tests must be transmitted within 60 minutes of
receipt by broadcast station or cable systems
in an EAS Local Area or State.'' There was no
evidence that the required monthly tests were
performed during the months of November or
December, 2003.
5.c. 47 C.F.R. § 73.1870(c)(3): The chief operator
is responsible for ``Review of the station
records at least once each week to determine if
required entries are being made correctly.
Additionally, verification must be made that
the station has been operated as required by
the rules or the station authorization. Upon
completion of the review, the chief operator or
his designee must date and sign the log,
initiate any corrective action which may be
necessary, and advise the station licensee of
any condition which is repetitive.'' The
station's log were not being reviewed.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules, NM
Licensing, LLC, 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
Chicago Office
1550 Northwest Highway, Room 306
Park Ridge, IL 60068
This Notice shall be sent to NM Licensing, LLC, 2410 Canton
Farm Road, Crest Hill, IL 60435.
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
G. Michael Moffitt
District Director
Chicago 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.