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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-050
Licensee of Radio Stations WWLZ, WNGZ, WPGI, ) EB-06-BF-052
and WTYX ) EB-06-BF-053
Horseheads, Mountour Falls, Horseheads, and ) EB-06-BF-051
Watkins Glen, New York )
)
Facility ID #s 10687, 49449, 10688, and 49446 ) NOV No. V20063228013
CORRECTED COPY
NOTICE OF VIOLATION
Released: April 3, 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 stations WWLZ, Horseheads, NY, WNGZ,
Montour Falls, NY, WPGI, Horseheads, NY, and WTYX, Watkins Glen, NY.
2. On March7, 2006, an agent of the Commission's Buffalo Office inspected
radio stations WWLZ, WNGZ, WPGI, and WTYX.. These stations are
collocated, with shared EAS equipment, at 2205 College Avenue, Elmira,
New York, 14903. During the inspection, the agent observed the
following violations:
a. 47 C.F.R. S 73.1820(a)(1)(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
several gaps without 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 or 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