Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Newark Public Radio Inc. ) File No. EB-08-NY-0388
Licensee of Radio Station WBGO )
Facility ID # 48699 ) NOV No. V200932380009
Newark, New Jersey )
)
NOTICE OF VIOLATION
Released: November 12, 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 Newark Public Radio Inc., licensee
of radio station WBGO in Newark, New Jersey.
2. On November 3, 2008, an agent of the Enforcement Bureau's New York
Office inspected station WBGO located in Newark, New Jersey, and
observed the following violations:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time
of inspection, the broadcast station records contained no entries
documenting the reception of the weekly tests from primary entry point
WABC, 770 KHz, for the period from October 1, 2008 through October 18,
2008. The broadcast station records contained no reasons why weekly tests
were not received.
b. 47 C.F.R. S: 73.3527(e)(2): 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.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Newark Public
Radio 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
New York Office
201 Varick Street
New York, New York 10014
4. This Notice shall be sent to Newark Public Radio 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
2
Federal Communications Commission