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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
GB Enterprises Communications, Corp. ) File No. EB-04-
TP-098
1505 Dundee Road )
Winter Haven, Florida ) NOV No.
V20043270006
)
NOTICE OF VIOLATION
Released: May 5,
2004
By the District Director, Tampa Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to GB
Enterprises Communications, Corp., licensee of the radio
station WHNR (AM).
2. On March 22, 2004, agents of the Commission's Tampa
Office inspected radio station WHNR (AM), licensed to
Cypress Gardens, Florida and observed the following
violations:
2.a. 47 C.F.R. § 11.52 (d): ``Broadcast stations
and cable systems and wireless cable systems
must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable
system and wireless cable system are specified
in the State EAS Plan and FCC Mapbook.'' At
the time of the inspection the station was not
monitoring the two assigned EAS sources.
2.b. 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
ever conducted by the station.
2.c. 47 C.F.R. § 73.49: ``AM transmission System
fencing requirements. 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. Ready
access must be provided to each antenna tower
base for meter reading and maintenance purposes
at all times.'' At the time of inspection
antenna fence around the structures were torn
down, fence gates were unlocked and no ready
access was provided to the base of each of the
antenna towers.
2.d. 47 C.F.R. § 73.62 (b)(4): `` If operation
pursuant to paragraph (b)(3) of this section is
necessary, or before the 30 day period
specified in paragraph (b)(2) of this section
expires, the licensee must request a Special
Temporary Authority (STA) in accordance with §
73.1635 to continue operation with parameters
at variance and/or with reduced power along
with a statement certifying that all monitoring
points will be continuously maintained within
their specified limits.'' At the time of
inspection station was found operating in omni-
directional pattern, twenty four hours, for the
past two weeks without an special temporary
authorization from the Commission.
2.e. 47 C.F.R. 73.1400(4)(b): ``Unattended
operation. Unattended operation is either the
absence of human supervision or the
substitution of automated supervision of the
station's transmission system for human
supervision.'' At the time of the inspection
the station didn't have direct supervision or a
remote control system to control the
transmission system parameters after 9:00 P.M.
2.f. 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.
2.g. 47 C.F.R § 73.3526(e)(5): ``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.'' At the time of
inspection, the most recent owner ship report
was not available.
2.h. 47 C.F.R § 73.3526(e) (6): ``Political File.
Such records as are required by § 73.1943 to be
kept concerning broadcasts by candidates for
public office.'' At the time of inspection the
``Political File'' was not available.
2.i. 47 C.F.R § 73.3526(e) (8): ``The public and
Broadcasting. At all times, a copy of the most
recent version of the manual entitled ``The
public and broadcasting.'' At the time of
inspection copy of the manual ``The public and
broadcasting'' was not available.
2.j. 47 C.F.R § 73.3526(e) (12): ``Radio
issues/programs list. For commercial AM and FM
broadcast stations, every three months a list
of programs that have provided the station's
most significant treatment of community issues
during the preceding three month period.'' At
the time of inspection a file containing radio
issues/programs list was not available.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, GB Enterprises Communications, Corp., 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
Tampa Office
2203 N. Lois Avenue, Suite 1215
Tampa, Florida 33607
4. This Notice shall be sent to GB Enterprises
Communications, Corp., 1505 Dundee Road, Winter Haven, FL
33884.
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
Ralph M. Barlow
District Director
Tampa 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.