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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clear Channel Broadcasting Licenses, Inc. ) File No. EB-04-
NY-088
Licensee of Radio Station WNNJ-AM )
Facility Id # 25414 ) NOV No. 20043238017
Newton, NJ )
NOTICE OF VIOLATION
Released: May 27,
2004
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Clear Channel Broadcasting Licenses, Inc., licensee of radio
station WNNJ-AM.
2. On April 6, 2004, agents of the Commission's New York
Office inspected radio station WNNJ-AM, licensed to Newton,
New Jersey, and observed the following violation(s):
2.a. 47 C.F.R. § 11.61(a)(1)(i): ``Effective
January 1, 1997, AM, FM, and TV stations must
conduct monthly tests of EAS header and EOM
codes as specified in the EAS Operating
Handbook, and Section 11.61(a)(1)(v).'' The
EAS Encoder/Decoder internal log showed that
there were no monthly tests from January 1,
2004, to March 31, 2004.
2.b. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Effective
January 1, 1997, AM, FM, and TV stations must
conduct tests of EAS header and EOM codes at
least once a week at random days and times.''
The EAS Encoder/Decoder internal log showed
that there were no weekly transmits from
January 4, 2004, to April 3, 2004.
2.c. 47 C.F.R. § 73.1820(a)(1)(iii): ``Entries must
be made in the station log...An entry of each
test and activation of the Emergency Alert
System (EAS)...'' During the period from
December 29, 2003 to April 5, 2004, there were
no entries of EAS received tests.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Clear Channel Broadcasting Licenses, 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Clear Channel Broadcasting
Licenses, Inc., 2625 S. Memorial Drive, Suite A, Tulsa, OK
74129.
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
Daniel W. Noel
District Director
New York 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.