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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Victory Training School Corporation ) File No. EB-03-
DT-787
Licensee of Radio Station WVCT )
Facility ID # 70115 ) NOV No. V20043236009
Keavy, KY )
NOTICE OF VIOLATION
Released: January
23, 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
Victory Training School Corporation, licensee of radio
station WVCT.
2. On December 16, 2003, an agent of the Commission's
Detroit Office inspected radio station WVCT, licensed to
Keavy, Kentucky, and observed the following violation(s):
2.a. 47 C.F.R. § 11.15: ``The EAS Operating Handbook
states in summary form the actions to be taken
by personnel at broadcast stations...A copy of
the Handbook must be located at normal duty
positions or EAS equipment locations when an
operator is required to be on duty and be
immediately available to staff responsible for
authenticating messages and initiating
actions.'' At the time of inspection, no EAS
Operating Handbook was available.
2.b. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS
procedures...Required Weekly Tests:...AM, FM
and TV stations must conduct tests...at least
once each week and at random days and
times...'' During the period of November 2,
2003 to December 13, 2003, only two EAS tests
were sent, and they were sent during the same
week.
2.c. 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 only two entries of EAS tests
sent.
2.d. 47 C.F.R. § 73.1870(c)(3): ``Chief
Operators...The chief operator is responsible
for completion of the following duties
specified in this paragraph below. When these
duties are delegated to other persons, the
chief operator shall maintain supervisory
oversight sufficient to know that each
requirement has been fulfilled in a timely and
correct manner...Review of the station records
at least once each week to determine if
required entries are being made
correctly...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...'' During the period from
November 2, 2003 to December 13, 2003, there
was no review of the station logs by the chief
operator.
2.e. 47 C.F.R. § 73.3527(c): ``Local public
inspection file of noncommercial educational
stations...Access to material in the file. (1)
The file shall be available for public
inspection at any time during regular business
hours...'' At the time of inspection, the
public file was not made available.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Victory Training School Corporation, 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 Victory Training School
Corporation, Radio Station WVCT, 968 West City Dam Road,
Keavy, Kentucky 40737.
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
JAB:mcr
_________________________
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.