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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pine Hills Broadcasting, Inc. ) File No. EB-03-DT-
1244
Licensee of Radio Station WRIL )
Facility ID # 52625 ) NOV No. V20043236010
Pineville, KY )
NOTICE OF VIOLATION
Released: January
29, 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 Pine
Hills Broadcasting, Inc., licensee of radio station WRIL.
2. On December 17, 2003, an agent of the Commission's
Detroit Office inspected radio station WRIL, licensed to
Pineville, 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. § 11.52(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, only one EAS source was
being monitored and it was an incorrect EAS
source.
2.c. 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 from November 2,
2003 to December 13, 2003, no EAS tests were
sent.
2.d. 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, no entries of EAS tests were entered in
the station log.
2.e. 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.f. 47 C.F.R. § 73.3526(c): ``Local public
inspection file of commercial 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, Pine Hills 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335
4. This Notice shall be sent to Pine Hills Broadcasting,
Inc., Radio Station WRIL, P.O. Box 693, Pineville, Kentucky
40977.
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.