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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-NY-199
Rose City Radio Corporation )
Licensee of Radio Station WSNR ) NOV No. V20073238005
Jersey City, NJ1239609 )
NOTICE OF VIOLATION
Released: November 22, 2006
By the District Director, New York 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 Rose City Radio Corporation ,
licensee of radio station WSNR, Jersey City, NJ.
2. On October 4 and 12, 2006, an agent of the Commission's New York
Office inspected radio station WSNR, and conducted additional EAS
monitoring of the station on November 1, 2006, and observed the
following violations:
a. 47 C.F.R S 11.15: "A copy of the [EAS Operating] Handbook must be
located at normal duty positions or EAS equipment locations when an
operator is required to be on duty, and immediately available to
staff responsible for authenticating messages and initiating
actions." During the inspection, the EAS Handbook was not available.
b. 47 C.F.R. S 11.61(a): "[EAS] tests shall be made at regular intervals
as indicated in paragraphs (a)(1) and (a)(2) of this section...All
tests will conform with the procedures in the EAS Operating Handbook.
AM, FM and TV stations [must make] Required Monthly Tests of the EAS
header codes, Attention Signal, Test Script and EOM code." On
November 1, 2006, the agent monitored WSNR and observed that,
although WSNR retransmitted the EAS codes and Attention Signal, it
did not retransmit the required Test Script (spoken announcement)
during its November Required Monthly Test received from its LP-1
monitoring source, WABC. The agent also had monitored WABC and
confirmed that WABC properly transmitted the entire Required Monthly
Test, including the Test Script.
c. 47 C.F.R. S 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 WSNR failed to calibrate its
remote monitoring system so that it provided reliable indications of
the transmitter's common point current. The station's remote
monitoring system indicated a common point current value that was 4.2
percent below the value indicated on the transmitter's common point
current meter. Entries in the station log over several months showed
similar inaccurate readings.
d. 47 C.F.R. S 73.1590(a)(6): "The licensee of each AM, FM, TV and Class
A TV station, except licensees of Class D non-commercial educational
FM stations authorized to operate with 10 watts or less output power,
must make equipment performance measurements for each main
transmitter as follows: Annually, for AM stations, with not more than
14 months between measurements." The WSNR contract engineer's records
showed that the last equipment performance measurements were made
from June 18 to June 20, 2005.
e. 47 C.F.R. 73.44(b): "Emissions [of stations in the AM service]
removed [from the carrier] by more than 75 kHz must be attenuated at
least 43 + 10 Log (Power in watts) or 80 dB below the unmodulated
carrier, whichever is the lesser attenuation." WSNR was operating at
8,000 watts, and therefore any emissions removed from the carrier by
more than 75 kHz must be attenuated 80 dB. Equipment performance
records from June 20, 2005 showed that emissions at 1240 kHz were
only 71.9 dB below the unmodulated carrier frequency of 620 kHz.
f. 47 C.F.R. 73.1870(b)(3): "The designation of the chief operator must
be in writing with a copy of the designation posted with the station
license." During the inspection, the agent observed that there was no
written designation of the chief operator.
g. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible
for...review of the station records at least once each 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."
There were no paper station logs located at the studio or
transmitter, but according to the chief operator, an automated
PC-based remote logging system is employed whereby he reviews the
logs from a remote site. The chief operator stated that he does not
actually physically sign or date the log. Although the chief operator
has demonstrated the ability to access and review the logs remotely,
a review of printouts of electronic logs sent to the FCC New York
Office show no evidence that the logs are dated and signed on a
weekly basis.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Rose City Radio
Corporation 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 Rose City Radio Corporation . 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Rose City Radio Corporation 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
Daniel W. Noel
District Director
New York 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