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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Embry-Riddle Aeronautical University ) File No. EB-08-TP-0288
Licensee of Radio Station WIKD-LP )
Facility ID # 133962 ) NOV No. V200932700001
Daytona Beach, FL )
)
)
NOTICE OF VIOLATION
Released: December 2, 2008
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Embry-Riddle Aeronautical
University, licensee of radio station WIKD-LP in Daytona Beach, FL.
2. On October 31, 2008, agents of the Commission's Tampa Office of the
Enforcement Bureau ("Tampa Office") inspected radio station WIKD-LP's
main studio located in Daytona Beach, FL, and observed the following
violations:
a. 47 C.F.R. S: 11.52 (d): "EAS Participants 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. They are developed in accordance with FCC
monitoring priorities." At the time of inspection, WIKD-LP was not
monitoring the two EAS sources specified in the State EAS Plan. The
station representative was unable to demonstrate that the EAS decoder
was receiving the two EAS sources or provide a reason why the device
was not receiving the activation signal from the EAS sources.
b. 47 C.F.R. S: 11.61 (a): "EAS Participants shall conduct tests at
regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
this section. Additional tests may be performed anytime. EAS
activation and special test may be performed in lieu of required
tests as specified in paragraph (a)(4) of this section. All tests
will conform with the procedures in the EAS Operating Handbook." At
the time of inspection, WIKD-LP's logs showed that it was not
receiving the required weekly tests. WIKD-LP was also not receiving
or sending the required monthly test. Logs only reflect that the
station was originating a required weekly test.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Embry-Riddle
Aeronautical University 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
Tampa Office
2203 N Lois Avenue, Suite 1215
Tampa, FL 33607
4. This Notice shall be sent to Embry-Riddle Aeronautical University 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
Ralph M. Barlow
District Director
Tampa District Office
South Central 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