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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Alderson-Broaddus College, Inc. ) File No. EB-06-CF-269
Licensee of Radio Station WQAB )
Facility ID #908 ) NOV No. V20073234001
Philippi, WV )
)
)
NOTICE OF VIOLATION
Released: February 6, 2007
By the District Director, Columbia Field 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 Alderson Broaddus College, Inc.,
licensee of radio station WQAB(FM) in Philippi, West Virginia.
2. On December 6, 2006, agents of the Commission's Columbia Field Office
inspected radio station WQAB, located at Philippi, West Virginia 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(b): EAS "entries must be made in broadcast station
records as specified in S 11.54(b)(12)." At the time of the
inspection, agents found that the station was not maintaining EAS
records.
c. 47 C.F.R. S 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 agents observed that
there was no written designation of the chief operator.
d. 47 C.F.R. S 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..." At the
time of the inspection the chief operator could not produce any of
the station records to indicate that they had been reviewed.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Alderson Broaddus
College, 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 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
Columbia Field Office
9200 Farm House Lane
Columbia, MD 21046
4. This Notice shall be sent to Alderson Broaddus College, 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
James T. Higgins
District Director
Columbia Field 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