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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Zone Corporation ) File No. EB-05-BS-
040
Licensee of Radio Station WKIT-FM )
Facility ID # 25747 ) NOV No.
V20053226005
Bangor, Maine )
)
)
NOTICE OF VIOLATION
Released:
04/26/05
By the District Director, Boston Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to The
Zone Corporation, licensee of radio station WKIT-FM.
2. On April 13, 2005 an agent of the Commission's Boston
Office inspected radio station WKIT-FM Bangor, ME, and
observed the following violation(s):
2.a. 47 C.F.R. § 11.35(a) ``Broadcast stations and
cable systems and wireless cable systems are
responsible for ensuring that Emergency Alert
System (EAS) Encoders, EAS Decoders and
Attention Signal generating and receiving
equipment used as part of the EAS are installed
so that the monitoring and transmitting
functions are available during the times the
stations and systems are in operation.
Additionally, broadcast stations, cable systems
and wireless cable systems must determine the
cause of any failure to receive the required
tests or activations specified in §§ 11.61(a)
(1) and (2).'' Appropriate records must be
maintained as specified in § 73.1820(a) (1)
(iii). The EAS records at your facility
contained no entries for EAS Monthly Tests
after October, 2004 and there were no reasons
given for the missing entries.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, The Zone Corporation 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 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
Boston Office
1 Batterymarch Park
Quincy, MA 02169
4. This Notice shall be sent to The Zone Corporation, at
their 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
Dennis Loria
District Director
Boston Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 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.