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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CBS Radio East, Inc. ) File No. EB-08-NY-0192
Licensee of Radio Station WXRK )
New York, New York ) NOV No. V200832380030
)
NOTICE OF VIOLATION
Released: June 4, 2008
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 CBS Radio East, Inc., licensee of FM
Broadcast station WXRK, New York, New York.
2. On May 28, 2008, an agent of the Commission's New York Office
inspected radio station WXRK and observed the following violations:
a. 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 inspection, there was no written
designation posted with the station license or in the station's
records.
b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain
a "copy of the current FCC authorization to construct or operate the
station...." At the time of inspection, a copy of the authorization
was not in the public inspection file.
c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain
a "copy of any service contour maps, submitted with any application
tendered for filing with the FCC. . . ." At the time of the
inspection, there was no service contour map in the public inspection
file showing the station's community contour.
d. 47 C.F.R. S: 73.3526(e)(12): The public inspection file shall contain
"every three months a list of programs that have provided the
station's most significant treatment of community issues during the
preceding three month period. . . .." At the time of the inspection,
the issues/programs list for first quarter 2008 was not in the
station's public inspection file. The list for each calendar quarter
is to be filed by the tenth day of the succeeding calendar quarter.
e. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
sources. The monitoring assignment 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, WXRK was not
monitoring the designated local primary (LP) radio station, LP-1
station WFAN, 660 kHz, New York, NY. WXRK was monitoring WCBS, 880
kHz, New York, NY instead. At the time of inspection WXRK was not
monitoring the designated LP-2 station WLTW, 106.7 MHz, New York, NY.
WXRK was monitoring WPLJ, 95.5 MHz, New York, NY instead.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, CBS Radio East,
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 CBS Radio East, Inc. 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 CBS Radio East, 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
Daniel W. Noel
District Director
New York 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
3
Federal Communications Commission