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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Waynco Radio, Inc. ) File No.EB-06-BF-121, EB-06 BF-122
Licensee of Radio Stations WACK, Newark NY ) EB-06-BF-123, EB-06-BF-124
and WUUF, Sodus NY ) EB-06-BF-125, EB-06-BF-126
Facility ID #'s 52123, 71153 ) EB-06-BF-127, EB-06-BF-128
Antenna Structure Registrant ASR #s 1008084, )
1008086, 1008087, 1008088, 1008085, and ) NOV No. V20063228019
1008089 )
Newark, New York )
)
NOTICE OF VIOLATION
Released: September 6, 2006
By the Resident Agent, Buffalo Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Waynco Radio, Inc., licensee of
radio stations WACK and WUUF, and owner of antenna structure #s
1008084, 1008085, 1008086, 1008087, 1008088, and 1008089 in Newark,
New York.
2. On August 22, 2006, an agent of the Commission's Buffalo Office
inspected the directional array for radio station WACK, the main
studios for radio stations WACK and WUUF and antenna structures
1008084, 1008085, 1008086, 1008087, 1008088 and 1008089, which are
located at 187 Vienna Road, Newark, New York., and observed the
following violations:
a. 47 C.F.R. S 11.52(d): "Broadcast stations and cable systems and
wireless cable carriers 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-EAS
Mapbook." At the time of inspection, the agent observed that stations
WACK and WUUF were not monitoring the correct Emergency Alert System
("EAS") sources.
b. 47 C.F.R. S 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
codes, Attention Signal, Test Script and EOM code...must be
transmitted within 60 minutes of receipt by broadcast stations...in
an EAS Local Area or State." Based on the agent's review of the
stations' EAS printouts and a statement by the stations' owner, the
agent determined that stations WACK and WUUF were not retransmitting
required monthly tests.
c. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure." At the time of the
inspection, no Antenna Structure Registration Numbers were visible at
the base of any of the six antenna structures.
d. 47 C.F.R. S 73.49: AM Transmission System Fencing Requirements.
"Antenna Towers having radio frequency potential at the base (Series
Fed, Folded, unipole and insulated base antennas) must be enclosed
within effective locked fences or other enclosures. Ready access must
be provided to each antenna tower base for meter reading and
maintenance purposes at all times. However, individual tower fences
need not be installed if the towers are contained within a protective
property fence." The gates around antennas structures 1008084,
1008085, 1008086, 1008087 and 1008089 were not securely locked.
e. 47 C.F.R. S 73.61(a) ): "Each AM station using a directional antenna
must make field strength measurements at the monitoring point
locations specified in the instrument of authorization as often as
necessary to ensure that the field at those points does not exceed
the values specified in the station authorization." At the time of
inspection, the field strength measurement at the day pattern,
90.5DEG monitoring point exceeded the licensed maximum value by
20.5%.
3. Pursuant to Sections 308(b) and 403 of the Communications Act of 1934,
as amended, and Section 1.89 of the Commission's Rules, Waynco 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 Waynco Radio, Inc. 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
Williamsville, New York 14221
4. This Notice shall be sent to Waynco Radio, Inc. 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