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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Board of Trustees, Olivet College ) File No. EB-04-
DT-056
Licensee of Radio Station WOCR )
Facility ID #6114 ) NOV No.
V20043236011
Olivet, Michigan )
NOTICE OF VIOLATION
Released: March 2,
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 Rules1, to Board of
Trustees, Olivet College, licensee of radio station WOCR.
2. On February 6, 2004, an agent of the Commission's
Detroit Office inspected radio station WOCR, licensed to Olivet,
Michigan, and observed the following violations:
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 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, there was no EAS Operating
Handbook available.
b. 47 C.F.R. § 11.35(a): ``Equipment
operational readiness...Broadcast stations...are
responsible for ensuring that EAS Encoders, EAS
Decoders and Attention Signal generating and receiving
equipment used as part of the EAS are installed so that
the monitoring and transmitting functions are available
during the times the stations and systems are in
operation. Additionally, broadcast stations...must
determine the cause of any failure to receive the
required tests or activations specified in §§
11.61(a)(1) and (2). Appropriate entries must be made
in the broadcast station log as specified in § 73.1820
and § 73.1840 of this chapter,...indicating reasons why
any tests were not received.'' At the time of
inspection, there were no entries made in the station
logs indicating why EAS weekly receive tests were
missing from December 1 through January 24, 2004.
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)...'' At the time of inspection,
there were missing EAS receive tests from December 1
through January 24, 2004.
d. 47 C.F.R. § 73.1870(b)(3): ``Chief
operators...The designation of the chief operator must
be in writing with a copy of the designation posted
with the station license. Agreements with chief
operators serving on a contract basis must be in
writing with a copy kept in the station files.'' At
the time of inspection, there was no written
designation of the chief operator available.
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 the 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...'' At the time of
inspection, there was no review of the station logs by
the chief operator for the time period November 30,
2003 to January 31, 2004.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the Commission's
Rules, the Board of Trustees, Olivet College, 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 48335-1552
4. This Notice shall be sent to Board of Trustees, Olivet
College, 320 South Main Street, Olivet, Michigan 49076.
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
your 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:PRB
_________________________
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