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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Christian Evangelical Broadcasting Association ) File
No. EB-05-DT-102
Licensee of Radio Station WFLT )
Flint, Michigan ) NOV No.
V20053236011
)
)
)
NOTICE OF VIOLATION
Released: August 23, 2005
By the District Director, Detroit 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
Christian Evangelical Broadcasting Association,
licensee of radio station WFLT in Flint, Michigan.
2. On April 5, 2005, an agent of the Commission's
Detroit Office inspected radio station WFLT located at
317 S. Averill Avenue, Flint, Michigan, and observed
the following violation(s):
a. 47 C.F.R. § 11.15: ``The EAS Operating
Handbook ... must be located at the normal
duty positions or EAS equipment locations
when an operator is required to be on duty
and be immediately available to staff
responsible for authenticating messages
and initiating actions.'' A copy of the
Emergency Alert System (EAS) Operating
Handbook was not available at the time of
the inspection.
b. 47 C.F.R. § 73.61(a): ``Each AM station
using a directional antenna must make
field strength measurements at the
monitoring point locations specified in
the instrument of authorization as often
as necessary to ensure that the field at
those points does not exceed the values
specified in the station authorization.''
At the time of inspection, the field
strength measurement at the 103°
monitoring point exceeded the licensed
maximum value by 44.5%.
c. 47 C.F.R. § 73.62(a): ``Directional
antenna relative phase currents must be
maintained to within ±3 º of the values
specified on the instrument of
authorization.'' At the time of
inspection, the phase on tower #1
intermittently varied between 0°, the
authorized value, and 51°, indicating a
possible problem with the antenna monitor
and/or sampling system.
d. 47 C.F.R. § 73.158(b): ``When the
description of the monitoring point as shown
on the station license is no longer correct
due to road or building construction or other
changes, the licensee must prepare and file
with the FCC, in Washington, DC, a request
for a corrected station license showing the
new monitoring point description.''
(1) The description for the 103°
monitoring point indicates in part ``The
point is on the south side of the drive
from the Smith mailbox.'' There is no
longer a mailbox with the name Smith.
(2) The description for the 130°
monitoring point indicates ``...go 150
feet to a line of trees at the west
property line of No. 4373.'' The picture
in the proof of performance shows the
trees at the east property line of No.
4373.
e. 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
practicable to the authorized antenna input
power and may not be less than 90% nor more
than 105% of the authorized power.'' At the
time of inspection, the station was operating
with 111% of the authorized power of 540
watts.
f. 47 C.F.R. § 73.3526(e)(5): The public
inspection file shall contain ``[a] copy of
the most recent, complete ownership report
filed with the FCC for the station, together
with any statements filed with the FCC
certifying that the current report is
accurate, and together with all related
material.'' At the time of inspection, no
ownership reports or certifying statements
were available.
g. 47 C.F.R. § 73.3526(e)(8): The public
inspection file shall contain ``at all times,
a copy of the most recent version of the
manual entitled ```The Public and
Broadcasting.''' At the time of inspection,
the most recent copy dated 1999 was not
available. An older copy dated 1974 was in
the file.
h. 47 C.F.R. § 73.3526(e)(12): ``The
material to be retained in the public
inspection file is as follows:... Radio
issues/programs lists...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.'' The quarterly lists did not have
the time and duration of each program.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Christian Evangelical Broadcasting
Association 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 Christian Evangelical
Broadcasting Association. 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, Michigan 48335-1552
4. This Notice shall be sent to Christian Evangelical
Broadcasting Association 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
James A. Bridgewater
District Director
Detroit District Office
Northeast Region
Enforcement Bureau
cc: main studio address
_________________________
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.