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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-031
Licensee of Radio Station WLPH(AM) )
Facility ID # 726 ) NOV No. V20053248002
Irondale, Alabama )
)
NOTICE OF VIOLATION
Released: August 12, 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
WLPH(AM).
2. On March 7, 2005, an agent of the Commission's Atlanta
Office of the Enforcement Bureau inspected radio station
WLPH(AM) located in Irondale, 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.'' The station
was monitoring only one broadcast source.
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. A station employee stated
that the weekly tests were not being sent.
2.c. 47 C.F.R. § 73.1560(a)(1): ``...[T]he
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 station was operating at 60%
power. The station management could not
say how long the station had operated at
reduced power and there were no entries in
the station logs indicating the station
was operating at reduced power.
2.d. 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 requirements
of part 11 of this chapter and the EAS
Operating Handbook.'' The station's EAS
logs were comprised of the tapes printed
by the encoder/decoder. The
encoder/decoder date was incorrect, making
the dates on the logs all incorrect. At
the time of inspection, the EAS equipment
was showing a date of April 13, 1995.
2.e. 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.
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.