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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WCSR, Inc. ) File No. EB-04-
DT-061
Licensee of Radio Stations WCSR/WCSR-FM )
Facility ID #71298 and 71299 ) NOV No.
V20043236012
Hillsdale, 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 WCSR,
Inc., licensee of radio stations WCSR/WCSR-FM (``WCSR'').
2. On February 5, 2004, an agent of the Commission's
Detroit Office inspected radio station WCSR, licensed to
Hillsdale, Michigan, and observed the following violations:
a. 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.'' There were no entries
made in the station logs indicating why EAS weekly
receive tests were missing for the time period
September 28, 2003 to January 31, 2004.
b. 47 C.F.R. § 11.61 (a)(1)(v): ``Tests of EAS
procedures...Required Monthly Tests...these monthly
tests must be transmitted within 60 minutes of receipt
by broadcast stations...in an EAS Local Area or
State...'' During the months of October and December
2003, no monthly tests were sent.
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 January 2004,
no weekly EAS tests were sent.
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 September
28, 2003 through January 31, 2004, there were missing
EAS receive tests.
e. 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.
f. 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...'' During the period
September 28, 2003 through January 31, 2004, there was
no review of the station logs by the chief operator.
g. 47 C.F.R. § 73.3526(e)(5): ``Local public
inspection file of commercial stations...Contents of
the file. The material to be retained in the public
inspection file is as follows:...Ownership reports and
related materials. A copy of the most recent, complete
ownership report filed with the FCC for the station,
together with any statements filed with the FCC
certifying that the current report is accurate and
together with all related material. These materials
shall be retained until a new, complete ownership
report is filed with the FCC, at which time a copy of
the new report and any related materials shall be
placed in the file...'' At the time of inspection,
there was no ownership report in the public inspection
file.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended2, and Section 1.89 of the Commission's
Rules, WCSR, 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 48335-1552
4. This Notice shall be sent to WCSR, Inc., 170 North West
Street, Box 273, Hillsdale, Michigan 49242.
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