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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Banjo Communications Group, Inc.) File No. EB-03-BF-
154
Licensee of AM Radio Station WCHN )
Facility ID # 13826 ) NOV No.
V20043228021
Norwich, New York )
)
Attention: Mr. James V. Johnson/President )
NOTICE OF VIOLATION
Released: February
18, 2004
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
Banjo Communications Group, Inc., licensee of radio station
WCHN.
2. On November 5 and 6, 2003, an agent of the Commission's
Buffalo Office inspected radio station WCHN located in
Norwich, New York, and observed the following violation(s):
2.a. 47 C.F.R. § 73.49: ``Antenna towers having
radio frequency potential at the base (series
fed, folded unipole, and insulated base
antennas) must be enclosed within effective
locked fences or other enclosures.'' The fence
enclosing antenna tower #31036444, WCHN, has
heaved and/or the soil under the fence has
eroded over time, leaving a space between the
bottom of the fence and the ground allowing
unimpeded access to the live tower.
2.b. 47 C.F.R. §73.1560 (a)(1). ``Except as
provided for in paragraph (d) of this section,
the antenna input power of an AM station as
determined by the procedures specified in §
73.51 must be maintained as near as practicable
to the authorized antenna input power and may
not be less than 90% nor more than 105% of the
authorized power.'' The agent observed the
following power measurements for WCHN:
POWER
Date Authorized Measured %
Authorized
November 5, 2003 (10:25 pm) 34 watts
535 watts 1574%
November 6, 2003 (9:21 am) 1000 watts
535 watts 53%
2.c. 47 C.F.R. §73.1560(a)(2). ``Whenever the
transmitter of an AM station cannot be placed
into the specific operating mode at the time
required, transmissions of the station must be
immediately terminated.'' On November 5, 2003,
10:25pm, station WCHN was operating at 534
watts, (1574%) of the authorized power of 34
watts, and was operating at 534 watts, (53.4%)
of authorized power of 1000 watts, when
measured on November 6, 2003 at 9:21am. WCHN
did not terminate operation during the
nighttime hours and continued to operate at
1574% of the authorized nighttime power.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Banjo Communications Group 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 Banjo Communications
Group, Inc; 36 Chestnut Street; Oneonta, New York 13820.
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.