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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
College District #508, County of Cook ) File No. EB-
04-CG-121
Licensee of Television Station WYCC )
Chicago, Illinois ) NOV No.
V20043232012
)
5. NOTICE OF VIOLATION
Released: March 31,
2004
By the District Director, Chicago Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to College District
#508, County of Cook, licensee of television station WYCC.
On March 24, 2004, agents of the Commission's Chicago Office
inspected television station WYCC, located at 7500 S. Pulaski
Road, Chicago, Illinois, and observed the following violation(s):
5.a. 47 C.F.R. § 11.61(a)(1)(v): ``...monthly tests
must be transmitted within 60 minutes of
receipt by broadcast stations or cable systems
in an EAS Local Area or State.'' There was no
evidence that the required monthly tests were
transmitted during the months of January 2003
through October 2003, and December 2003 through
February 2004.
5.b. 47 C.F.R. § 11.61(a)(2)(A): ``Effective
January 1, 1997, AM, FM and TV stations must
conduct tests of the EAS header and EOM codes
at least once a week at random days and times
at least once a week.'' The required tests
were not transmitted every week from January 5,
2003 through March 1, 2004.
5.c. 47 C.F.R. § 73.1820(a)(1)(c)(iii): Entries
must be made in the station log for ``...each
test and activation of the Emergency Alert
System (EAS) pursuant to the requirement of
Part 11 of this chapter and the EAS Operating
Handbook.'' At the time of the inspection
there were numerous entries missing from the
logs for the period of January 1, 2003 through
March 1, 2004.
5.d. 47 C.F.R. § 73.1870(b)(3): ``The designation
of the chief operator must be in writing with a
copy of the designation posted with the station
license. At the time of the inspection, the
station did not have a written designation of
the chief operator.
5.e. 47 C.F.R. § 73.1870(c)(3): The chief operator
is responsible for ``Review of the station
records at least once each week to determine if
the required entries are being made ... 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 of any
condition which is repetitive.'' At the time
of the inspection, the station logs had not
been reviewed or signed.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
College District #508, County of Cook, 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
Chicago Office
1550 Northwest Highway, Room 306
Park Ridge, IL 60068
This Notice shall be sent to College District #508, County
of Cook, 7500 South Pulaski Road, Chicago, IL 60652.
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
G. Michael Moffitt
District Director
Chicago 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.