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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
DJ Two Rivers Radio, Inc. ) File No. EB-04-CG-
254
Licensee of Radio Station WBBA )
Facility ID # 62351 ) NOV No.
V20043232031
Pittsfield, Illinois )
)
Attention: David Fuhler )
5. NOTICE OF VIOLATION
Released: April 30,
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 DJ Two Rivers Radio,
Inc., licensee of radio station WBBA.
On April 14, 2004, an agent of the Commission's Chicago
Office inspected radio station WBBA, located at Pittsfield,
Illinois, and observed the following violation(s):
5.a. 47 C.F.R. § 11.35(a): ``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 ... indicating reasons
why any tests were not received.'' WBBA's
staff failed to make entries indicating the
reason(s) why tests were not received during
the period of February 14, 2004 through March
27, 2004.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules, DJ
Two Rivers Radio, 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
Chicago Office
1550 Northwest Highway, Room 306
Park Ridge, IL 60068
This Notice shall be sent to DJ Two Rivers Radio, Inc., P.O.
Box 312, Pittsfield, IL 62363.
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.