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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-029
Licensee of Radio Station WRAG(AM) )
Facility ID # 70262 ) NOV No. V20053248001
Carrollton, Alabama )
)
NOTICE OF VIOLATION
Released: July 29, 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
WRAG(AM).
2. On March 8, 2005, an agent of the Commission's Atlanta
Office of the Enforcement Bureau inspected radio station
WRAG(AM) located in Carrollton, Alabama, and observed the
following violations:
2.a. 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.'' One
of the two receivers utilized for the
station's EAS system was tuned to 87.5
MHz, which is neither an assigned source
nor a broadcast station.
2.b. 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.'' No EAS tests were being sent
by the station. At the time of
inspection, the on-duty operator did not
know how to conduct a test.
2.c. 47 C.F.R. § 17.4(g): ``Except as
described in paragraph (h) of this
section, the Antenna Structure
Registration Number must be displayed in a
conspicuous place so that it is readily
visible near the base of the antenna
structure. Materials used to display the
Antenna Structure Registration Number must
be weather resistant and of sufficient
size to be easily seen at the base of the
antenna structure.'' There was no Antenna
Structure Registration Number posted at
the antenna tower.
2.d. 47 C.F.R. § 73.1590: ``(a) The licensee
of each AM, FM, TV and Class A TV station
...must make equipment performance
measurements for each main transmitter as
follows: (6) [a]nnually, for AM stations,
with not more than 14 months between
measurements.'' The equipment performance
measurements could not be found and there
was no evidence that they had been
conducted within the last 14 months.
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
log had no entries for EAS tests received
after September 3, 2004.
2.f. 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). Station
management stated they were unaware of the
requirement to maintain such a list.
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.