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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
DBM Communications Inc. ) File No. EB-06-BF-131
AM Radio Station WLSV )
)
Wellsville, New York ) NOV No. V20063228022
NOTICE OF VIOLATION
Released: September 18, 2006
By the Resident Agent, Buffalo Resident Agent 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 DBM Communications., licensee of
radio station WLSV, Wellsville, New York.
2. On August 25, 2006, an agent of the Enforcement Bureau's Buffalo
Resident Agent Office inspected the radio station WLSV located in
Wellsville, New York and observed the following violation:
47 C.F.R. S Section 73.1560 (a): "The antenna input power of an AM station
as determined by the procedures specified in S 73.51 must be maintained as
near as is practicable to the authorized antenna input power and may not
be less than 90% nor more than 105% of the authorized power." According to
the station's operating log, the station exceeded the authorized antenna
input power of 1000 watts by more than 105 % on the following dates.
Date Power(watts) Percent of authorized power
8/14/06 1133 113
8/15/06 1104 110
8/16/06 1093 109
8/18/06 1104 110
8/21/06 1133 113
8/22/06 1086 108
8/23/06 1107 110
8/24/06 1114 111
8/25/06 1093 109
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, DBM
Communications Inc., must submit a written statement concerning this
matter within 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 DBM Communications, 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
6400 Sheridan Drive
Suite 140
Williamsville, New York 14221
4. This Notice shall be sent to DBM Communications 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
David A. Viglione
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