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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Associated Christian Broadcasters, Inc. ) File No.
EB-04-DT-472
Licensee of Radio Station WTGN )
Facility ID #3037 ) NOV No.
V20043236016
Lima, Ohio )
NOTICE OF VIOLATION
Released:
September 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 Rules,1 to
Associated Christian Broadcasters, Inc., licensee of radio
station WTGN.
2. On August 9, 2004, an agent of the Commission's Detroit
Office inspected radio station WTGN, licensed to Lima, Ohio, and
observed the following violations:
a. 47 C.F.R. § 11.52(d): ``Broadcast stations
... must monitor two EAS sources. The monitoring
assignments of each broadcast station ... are specified
in the State EAS and FCC Mapbook. They are developed
in accordance with FCC monitoring priorities.'' At the
time of inspection, WTGN was monitoring station
WIMT(FM) and the National Weather Service as EAS
sources. However, the station must also monitor
station WUZZ-FM, according to the Ohio State Plan. At
the time of inspection, WUZZ-FM was not being monitored
from the time period May 16, 2004 to August 7, 2004
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the Commission's
Rules, Associated Christian Broadcasters, 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 Associated Christian
Broadcasters, Inc., 1600 Elida Road, Lima, Ohio, 45805.
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