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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Keymarket Licenses, LLC ) File No. EB-06-PA-222
Licensee of Radio Station WASP )
Facility ID # 65708 ) NOV No. V20073240006
Brownsville, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: December 22, 2006
By the District Director, Philadelphia 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 Keymarket Licenses, LLC, licensee of
radio station WASP in Brownsville, Pennsylvania.
2. On November 14, 2006, an agent of the Commission's Philadelphia Office
inspected radio station WASP located at 123 Blaine Road, Brownsville,
Pennsylvania and observed the following violations:
a. 47 C.F.R. S 11.61(b): "Entries must be made in broadcast station and
cable systems and wireless cable systems records as specified in S
11.54 (b)(12). At the time of inspection, the EAS equipment was
operational, but there were no log entries of tests sent between
November 1, 2006 and November 13, 2006 and no log entries of the
tests received from station WQED between November 1, 2006 and
November 13, 2006. Furthermore, there were no entries in the log
indicating the reasons why these tests were not sent or received.
b. 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."
The chief operator failed to sign and date the EAS log 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, Keymarket
Licenses, 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Keymarket Licenses, 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 Stanbro
District Director
Philadelphia District 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