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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Real Stepchild Radio of Cincinnati, Inc. ) File No. EB-06-DT-185
Licensee of Radio Station WAIF )
Facility ID # 63203 ) NOV No. V20073236008
Cincinnati, Ohio1239609 )
)
)
NOTICE OF VIOLATION
Released: April 9, 2007
By the District Director, Detroit 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 The Real Stepchild Radio of
Cincinnati, Inc. licensee of Radio Station WAIF in Cincinnati, Ohio
2. On July 12, 2006, agents of the Commission's Detroit Office inspected
radio station WAIF, located at 1434 East McMillan Street, Cincinnati,
Ohio and observed the following violations:
a. 47 C.F.R. S 11.15(a): "...A copy of the Handbook must be located at
normal duty positions or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." At
the time of the inspection, the EAS handbook was not available.
b. 47 C.F.R. S 73.1820(a)(1)(iii): "An entry of each test and activation
of the Emergency Alert System (EAS) pursuant to the requirement of
part 11 of this chapter and the EAS Operating Handbook. Stations may
keep EAS data in a special EAS log which shall be maintained at a
convenient location. However, this log is considered a part of the
station log." At the time of the inspection, the agent observed that
the entries in the EAS logs did not indicate the date and time of
each test and whether the test was sent or received.
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". At the time of the inspection, there was no written
designation of the chief operator posted at the station.
d. 47 C.F.R. S 73.1870(c)(3): The chief operator shall "[r]eview 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..." The agent
observed that the logs were not being signed and dated by the chief
operator.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, The Real
Stepchild Radio of Cincinnati, 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 with
personal knowledge of the matter. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
4. This Notice shall be sent to The Real Stepchild Radio of Cincinnati,
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 Bridgewater
District Director
Detroit 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