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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
First Media Radio, LLC. ) File No. EB-07-PA-261
Licensee of Radio Station WCPA )
Owner of ASR #'s 1026521, 1026522, and 1026523 ) NOV No. V20073240019
Clearfield, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: September 20, 2007
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 First Media Radio, LLC ("First
Media"), the licensee of radio station WCPA and owner of antenna
structures 1026521, 1026522 and 1026523 in Clearfield, Pennsylvania.
2. On August 14, 2007, an agent of the Commission's Philadelphia Office
inspected radio station WCPA and antenna structure 1026521, 1026522
and 1026523 located in Clearfield, Pennsylvania and observed the
following violations:
a. 47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook." At
the time of inspection, First Media was not monitoring the designated
Second Local Primary (LP-2) broadcast station WPSX on Television
Channel 3.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must ...
immediately notify the Commission using FCC Form 854 upon any change
in structure height or change in ownership information." On January
23, 2007, First Media acquired ownership of station WCPA and antenna
structures 1026521, 1026522 and 1026523 from Clearfield Broadcasters,
Inc. At the time of the inspection, the FCC records still listed
Clearfield Broadcasters, Inc. as the owner of antenna structures
1026521, 1026522 and 1026523.
c. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure." At the time of the
inspection, the ASR Numbers 1026522 and 1026521 were posted on the
wrong antenna structures. The ASR Number 1026522 was posted on
antenna structure 1026521 and ASR Number 1026521 was posted on
antenna structure 1026522.
3. Pursuant to Sections 308(b) and 403 of the Communications Act of 1934,
as amended, and Section 1.89 of the Commission's Rules, First Media
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 First Media Radio, 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 J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
The assignment of license (File No. BALH-20061012ABD) for station WCPA was
granted by the Commission on December 8, 2006 and consummated on January
23, 2007.
47 U.S.C. S:S: 308(b) and 403.
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