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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
R-S Broadcasting Company, Inc. ) File No: EB-08-CF-0311
)
Licensee of Radio Station WCWV ) NOV No: V200932340010
Facility ID # 54368 )
Antenna Structure # 1047394 ) FRN: 0009053117
Summersville, WV )
NOTICE OF VIOLATION
Released: June 5, 2009
By the Acting District Director, Columbia Field 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 R-S Broadcasting Company, Inc.
licensee of radio station WCWV and owner of antenna structure #
1047394 in Summersville, WV.
2. On August 15, 2008, agents of the Commission's Columbia Field Office
inspected radio station WCWV located at 713 Main Street, Summersville,
WV and observed the following violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure. Materials used to display the
Antenna Structure Registration Number must be weather-resistant and
of sufficient size to be easily seen at the base of the antenna
structure." At the time of inspection, no Antenna Structure
Registration Number was readily visible near the base of the tower.
b. 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 the inspection, there was no
designation of the chief operator posted with the station license.
c. 47 C.F.R. S: 73.1870(c) (3): Review of the station records 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 the
inspection, a review of the station logs from July 1, 2008 through
August 11, 2008 revealed that the files had not been signed and dated
by the chief operator or his designee.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, R-S Broadcasting
Company, 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
Columbia Field Office
9200 Farm House Lane
Columbia, Maryland 21046
4. This Notice shall be sent to R-S Broadcasting Company, 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
Richard M. Caine
Acting District Director
Columbia Field 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