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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
KJI Broadcasting LLC ) File No. EB-05-BS-
055
Licensee of Radio Station WBET )
Facility ID # 19631 ) NOV No. V20053226006
Brockton, MA )
)
)
NOTICE OF VIOLATION
Released:
08/17/2005
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 KJI
Broadcasting, licensee of AM station WBET in Brockton, MA.
2. On, April 21, 2005, agents of the Commission's Boston
Office inspected radio station WBET located at Brockton, MA
, and observed the following violations:
2.a. 47 C.F.R. § 73.1560(a)(1): ``The antenna input
power of an AM station as determined by the
procedures specified in § 73.51 must be
maintained as near as is practicable to the
authorized antenna input power and may not be
less than 90% nor more than 105% of the
authorized power.'' The antenna input power was
observed to be 4030 Watts which is less than
90% of the allowed power for daytime operation.
2.b. 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 inspection, the
designation of the chief operator was not
posted with the station license.
2.c. 47 C.F.R. § 73.1870(c)(3): ``Review of the
station records at least once each week to
determine if required entries are being made
correctly. Additionally, verification must be
made that the station has been operated as
required by the rules or the station
authorization. Upon completion of the review,
the chief operator or his designee must date
and sign the log, initiate any corrective
action which may be necessary, and advise the
station licensee of any condition which is
repetitive.'' During the inspection, the agent
observed that the logs were not signed and
dated by the Chief Operator and the Chief
Operator stated that he had not reviewed the
station logs.
2.d. 47 C.F.R. § 73.1820(a)(1)(iii): All stations
are required to maintain ``an entry of each
test and activation of the Emergency Alert
System (EAS) pursuant to the requirement of
part 11 of this chapter and the EAS Operating
Handbook.'' During the inspection, the agent
observed that the station logs contained only
two weekly EAS tests between the months of
January and March 2005.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, KJI Broadcasting LLC, 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 KJI
Broadcasting LLC. 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 02135
4. This Notice shall be sent to KJI Broadcasting, at its
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.