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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Birmingham Christian Radio, Inc.) File No. EB-05-AT-028
Licensee of Radio Station WNUZ(AM) )
Facility ID # 54472 ) NOV No. V20053248003
Talladega, Alabama )
)
NOTICE OF VIOLATION
Released: August 25, 2005
By the District Director, Atlanta 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
Birmingham Christian Radio, Inc., licensee of radio station
WNUZ(AM).
2. On March 7, 2005, an agent of the Commission's Atlanta
Office of the Enforcement Bureau inspected radio station
WNUZ(AM) located in Talladega, Alabama, and observed the
following violations:
2.a. 47 C.F.R. § 11.15: ``The EAS Operating
Handbook states in summary form the actions to
be taken by personnel at broadcast
stations...upon receipt of an EAN, an EAT,
tests, or State and Local Area alerts...A copy
of the Handbook must be located at 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.'' At the time of inspection, a copy
of the EAS Operating Handbook was not available
at the station.
2.b. 47 C.F.R. § 11.35(a): ``Broadcast stations and
cable systems and wireless cable systems are
responsible for ensuring that 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
time the stations and systems are in
operation.'' At the time of inspection, the
EAS encoder was activated for a test. The EAS
equipment indicated that a test was being sent,
but the test was not transmitted by the station
over-the-air.
2.c. 47 C.F.R. § 11.52(d): ``Broadcast stations and
cable systems and wireless cable systems must
monitor two EAS sources. The monitoring
assignments of each broadcast station and cable
system and wireless cable system are specified
in the State EAS Plan and FCC Mapbook.'' The
station's EAS decoder was attached to two
receivers, but neither receiver appeared to be
functioning properly. The logs indicated that
no EAS tests had been received since June,
2004.
2.d. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be
made at regular intervals as indicated in
paragraphs (a)(1) and (a)(2) of this section.''
The logs indicated that no Required Weekly
Tests (``RWT'') were sent by the station
between December 24, 2004 and March 4, 2005.
2.e. 47 C.F.R. § 73.1820(a)(1)(iii): ``An entry
[must be made in the station log] 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.''
The station's EAS logs showed incorrect dates
for the Required Monthly Test (``RMT'') and the
RWT. On March 7, 2005, the logs showed RMT
being received on June 13, 2005, and June 12,
2005 and a RWT on June 7, 2005.
2.f. 47 C.F.R. § 73.1870(c)(3): The chief operator
is responsible for ``[r]eview 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.'' At the
time of inspection, the chief operator was not
signing the station logs to indicate that they
had been reviewed.
2.g. 47 C.F.R. § 73.3526(c): Material in the public
inspection file ``shall be available for public
inspection at any time during regular business
hours.'' At the time of the inspection, no
issues-programs listings were found in the
station's public inspection file as required by
§ 73.3526(e)(12) for the third and fourth
quarters of 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, Birmingham Christian Radio, Inc., 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
Atlanta Office
3575 Koger Blvd., Ste. 320
Duluth, GA 30096
4. This Notice shall be sent to Birmingham Christian
Radio, Inc. 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
Fred L. Broce
District Director
Atlanta 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.