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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nassau Broadcasting II, LLC ) File No. EB-09-PA-0100
Licensee of Radio Station WVPO )
Facility ID # 47423 ) NOV No. V200932400020
Stroudsburg, Pennsylvania )
)
NOTICE OF VIOLATION
Released: September 8, 2009
By the District Director, Philadelphia 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 Nassau Broadcasting II, LLC, the
licensee of radio station WVPO in Stroudsburg, Pennsylvania.
2. On August 5, 2009, agents of the Commission's Philadelphia Office
inspected radio station WVPO located in Stroudsburg, Pennsylvania 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..." A review of the station's EAS logs revealed
that WVPO was monitoring station WVIA and the National Weather
Service as its monitoring sources. However, the Pennsylvania State
EAS Plan specifies that stations located in the Scranton EAS
Operational Area, such as WVPO, must monitor stations WVIA on 89.9
MHz and WGGY-FM on 101.3 MHz.
b. 47 C.F.R. S:11.61(a)(2): "Required Weekly Tests: Analog and digital
AM, FM and TV broadcast stations must conduct tests of the EAS header
and EOM codes at least once a week at random days and times..."
According to the station's EAS logs, WVPO failed to transmit any
Required Weekly Tests between May 26, 2009 and August 4, 2009. There
were no entries in the station logs indicating the reason why the
tests were not conducted.
c. 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 modulation meter at the WPVO transmitter
site indicated that the station's carrier wave modulation at times
exceeded the 120% limit on positive peaks. The last calibration date
on the modulation meter was July 7, 1997.
d. 47 C.F.R. S:S: 73.1560(a) and (d): "The station's antenna input power
must be maintained as near as practicable to the authorized antenna
input power and may not be less than 90% nor more than 105% of the
authorized power." At the time of inspection, WVPO was operating with
a transmitter output power of 115 Watts or 46% of that authorized.
e. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
Class A TV station, except licensees of Class D non-commercial
educational FM stations authorized to operate with 10 watts or less
output power, must make equipment performance measurements for each
main transmitter as follows: Annually, for AM stations, with not more
than 14 months between measurements." At the time of inspection,
there were no equipment performance measurements available for
inspection.
f. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for
completion of the following duties... (3) Review of the station
records at least once each week to determine if required entries are
being made correctly. Additionally, verification must be made that
the station has been operated as required by the rules or the station
authorization. Upon completion of the review, the chief operator or
his designee must date and sign the log, initiate any corrective
action which may be necessary, and advise the station licensee of any
condition which is repetitive." Between June 9, 2009 and August 4,
2009, the chief operator failed to sign and date the WVPO station
logs at least once a week.
g. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "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. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter. The list shall include a brief narrative
describing what issues were given significant treatment and the
programming that provided that treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issued was treated."
The issues/programs list for station WVPO failed to specify the time
and date the programs were aired.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Nassau
Broadcasting II, 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Nassau Broadcasting II, 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
Gene J. Stanbro
District Director
Philadelphia 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