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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WZK, LLC ) File No. EB-05-
PA-136
Licensee of Radio Station WCZT )
Facility ID # 39914 ) NOV No.
V20063240002
Villas, New Jersey )
)
)
NOTICE OF VIOLATION
Released: November
28, 2005
By the District Director, Philadelphia Office, Northeast
Region, Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules1 to
WZK, LLC (``WZK), the licensee of FM Broadcast station
WCZT and Aural Studio Transmitter Link station WMG542
in Wildwood, NJ.
2. On August 15, 2005, an agent of the Commission's
Philadelphia Office inspected stations WCZT and WMG542
located at 3208 Pacific Avenue, Wildwood, New Jersey
and observed the following violations:
2.a. 47 C.F.R. § 1.903(a): ``Stations in the
Wireless Radio Service must be used and
operated only in accordance with the rules
applicable to their particular service as
set forth in this title and with a valid
authorization granted by the Commission
under the provisions of this part, except
as specified in paragraph (b) of this
section.'' The license for station WMG542
authorizes WZK to operate on the frequency
946.0 MHz. During the inspection on
August 15, 2005, the agent found that WZK
was operating station WMG542 on the
unauthorized frequency of 946.5 MHz.
2.b. 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. They are
developed in accordance with FCC
monitoring priorities.'' During the
inspection, the agent found that WCZT was
monitoring only one EAS source.
2.c. 47 C.F.R. § 73.1226(a): ``Station records
and logs shall be made available for
inspection or duplication at the request
of the FCC or its representative.''
During the inspection, the General Manager
of station WCZT informed the agent that
the EAS records were not available for
inspection because they were locked in the
office of the station's Program Director.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, WZK, 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 the WZK, 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to WZK, LLC 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
John E. Rahtes
District Director
Philadelphia Office
Northeast 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.