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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cumulus Licensing LLC ) File No. EB-09-NY-0009
Licensee of Radio Station WFAS(AM) )
Facility ID # 14381 ) NOV No. V200932380018
White Plains, New York )
)
NOTICE OF VIOLATION
Released: February 4, 2009
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 Cumulus Licensing LLC, licensee of
AM radio station WFAS in White Plains, New York.
2. On January 13, 2009, an agent of the Commission's New York Office
inspected AM station WFAS, located in White Plains, New York, 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 the local primary
(LP-1) station, WABC, New York, New York, for the period October 1, 2008,
through October 18, 2008. The broadcast station records contained no
reasons why the weekly tests were not received from station WABC during
that period.
b. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be
periodically calibrated so as to provide reliable indications of
transmitter operating parameters with a known degree of accuracy."
At the time of inspection, the antenna input current meter read 4.5
amperes whereas the station authorization specifies an antenna input
current to 3.65 amperes. The last calibration date on the antenna input
current meter was March 1996.
c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records [by the
Chief Operator] at least once each week to determine if required
entries are being made correctly... . Upon completion of the review,
the chief operator or his designee must date and sign the log. . . ."
At the time of inspection, the agent observed that the station logs
for the month of December 2008 had not been signed 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, Cumulus Licensing
LLC 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, Suite 1151
New York, New York 10014
4. This Notice shall be sent to Cumulus Licensing 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
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