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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Birach Broadcasting Corp. ) File No. EB-05-
KC-016
Licensee of Radio Station WEW )
Facility ID # 1088 ) NOV No.
V20053256003
Owner of Antenna Structure #1062516 )
St. Louis, Missouri )
)
)
NOTICE OF VIOLATION
Released: March 9, 2005
By the District Director, Kansas City Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Birach Broadcasting Corp., licensee of radio station
WEW.
2. On March 1, 2005, an agent of the Commission's
Kansas City Office inspected radio station WEW located
in St. Louis, Missouri, and observed the following
violation(s):
2.a. 47 C.F.R. § 73.3526(e)(12): ``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.
The list for each calendar quarter is to
be filed by the tenth day of the
succeeding calendar quarter... The list
shall include a brief narrative describing
what issues were given significant
treatment and the programming that
provided this treatment. The description
of the programs shall include, but shall
not be limited to, the time, date,
duration, and title of each program in
which the issue was treated.''
At the time of the inspection, no issues-
programs listings were found in the
station's public inspection file. Station
management stated they were unaware of the
requirement to maintain such a list.
2.b. 47 C.F.R. § 17.50: ``Antenna structures
requiring painting under this part shall
be cleaned or repainted as often as
necessary to maintain good visibility.''
At the time of the inspection, the WEW
antenna structure paint was severely
faded, and flaking, and rust was showing
through the paint.
As part of the response to this Notice,
the licensee shall provide evidence of
immediate steps taken to bring this
antenna structure into compliance. If
compliance cannot be obtained prior to
responding to this Notice, then the owner
shall notify this office, in writing, once
compliance has been achieved.
2.c. 47 C.F.R. § 17.57: ``The owner of an
antenna structure for which an Antenna
Structure Registration Number has been
obtained ..... must also immediately
notify the Commission using FCC Form 854
upon any change in structure height or
change in ownership information.''
At the time of inspection, the owner of
record for antenna structure registration
number 1062516 was Metropolitan Radio
Group Inc., the previous owner of WEW.
Birach Broadcasting Corp. currently owns
this structure according to WEW station
management.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Birach Broadcasting Corp., must
submit a written statement concerning this matter
within twenty (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 include the
information requested in paragraph 2b above. The
response must be complete in itself and signed by a
principal or officer of the licensee. 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
Kansas City Office
520 N.E. Colbern Rd.
2nd Floor
Lees Summit, MO 64086
4. This Notice shall be sent to Birach Broadcasting
Corp. at the address of record.
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
Robert C. McKinney
District Director
Kansas City District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.