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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Western New Life, Inc. ) File No. EB-09-SJ-0012
Licensee of WNEV (FM)
Facility ID # 3250 ) NOV No. V200932680003
Culebra, PR )
)
)
NOTICE OF VIOLATION
Released: April 14, 2009
By the Resident Agent, San Juan 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 Western New Life, Inc. ("New Life"),
licensee of FM radio station WNEV Culebra, PR.
2. On March 27, 2009, an agent of the Commission's San Juan Office of the
Enforcement Bureau inspected WNVE's main studio and observed the
following violations:
a. 47 C.F.R. S: 73.3526 (e)(5)(7)(12): "Local public inspection file of
commercial stations. Contents of the file. The material to be
retained in the public inspection file is as follows: (5) Ownership
reports and related materials. A copy of the most recent, complete
ownership report filed with the FCC for the station...(7) Equal
Employment Opportunity file. Such information as is required by
S:73.2080 to be kept in the public inspection file... (12) Radio
issues/programs lists. For commercial AM and FM broadcast stations,
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."
During the station inspection, the above mentioned items were missing or
incomplete and there was no mechanism to make copies.
b. Section 73.1870 (a) "The licensee of each AM, FM, TV or Class A TV
broadcast station must designate a person to serve as the station's
chief operator."
A copy of the current designation letter was not posted at the station
with the station license.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, New Life 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
tower owner. 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
San Juan Office
762 Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to New Life 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
William Berry
Resident Agent
San Juan 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