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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Backyard Broadcasting Elmira Licensee, LLC ) File No. EB-06-BF-054
Licensee of Radio Stations WNKI )
Corning, NY )
)
Facility ID # 53611 ) NOVNo. V20063228014
NOTICE OF VIOLATION
Released: March 30, 2006
By the Resident Agent, Buffalo Office, Northeast, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Backyard Broadcasting Elmira
Licensee, LLC, licensee of radio station WNKI, Corning, NY.
2. On March7, 2006, an agent of the Commission's Buffalo Office
inspected, radio station WNKI, main studio located at 2205 College
Ave., Elmira, New York 14903 and observed the following violation(s):
a. 47 C.F.R. S 73.1820(a)(iii): An entry 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. Stations may keep
EAS data in a special EAS log, which shall be maintained at a
convenient location. At the time of the inspection, there were no
entries for monthly or weekly EAS tests.
b. 47 C.F.R. S 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." At
the time of the inspection, the agent observed that the Chief
Operator had failed to sign and date the station logs at least once a
week.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Backyard
Broadcasting Elmira Licensee, 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 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
Buffalo Office
6400 Sheridan Drive, Suite 140, Box 6
Williamsville, New York 14221
4. This Notice shall be sent to Backyard Broadcasting Elmira Licensee,
LLC at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission