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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Smith and Fitzgerald, Partnership ) File No. EB-05-
PA-147
Licensee of Radio Station WCOZ )
Facility ID # 66715 ) NOV No. V20063240003
Laporte, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: January
12, 2006
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
Smith and Fitzgerald, Partnership, the licensee of
radio station WCOZ in Laporte, Pennsylvania.
2. On September 20, 2005, an agent of the
Commission's Philadelphia Office inspected radio
station WCOZ in Laporte, Pennsylvania and observed the
following violations:
2.a. 47 C.F.R. § 73.1870(c)(3): ``The chief
operator is responsible for the completion
of the following duties specified in this
paragraph below...Review of the station
records at least once a 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.'' Kevin Fitzgerald, the Chief
Operator of WCOZ, failed to sign and date
the station logs at least once a week.
2.b. 47 C.F.R. § 73.1560(b): ``[T]he
transmitter power output of an FM station,
with power output as determined by the
procedures specified in § 73.267, which is
authorized for output power more than 10
watts must be maintained as near as
practicable to the authorized transmitter
output power and may not be less than 90%
nor more than 105% of the authorized
power.'' Based on the agent's calculation
of the station indirect power, the
transmitter power output of station WCOZ
was 108.0 percent of the authorized
transmitter power output.
2.c. 47 C.F.R. § 73.1350(c)(2): ``Monitoring
equipment must be periodically calibrated
so as to provide reliable indications of
transmitter operating parameters with a
known degree of accuracy.'' During the
inspection, the agent determined that
Smith and Fitzgerald, Partnership, failed
to calibrate its remote monitoring system
so that it provided reliable indications
of the transmitter's plate current. The
WCOZ telephone remote monitoring system
provided a plate current value that was
13.75 percent below the value indicated on
the transmitter's plate current meter.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, Smith and Fitzgerald, Partnership,
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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Smith and Fitzgerald,
Partnership, 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).
3
P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.