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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Forever Broadcasting LLC )
)
Licensee of Radio Station WQWK ) File No. EB-09-PA-0199
Facility ID # 48923 )
)
Licensee of Radio Station WRSC ) File No. EB-09-PA-0225
Facility ID # 48926 )
) NOV No. V201032400014
State College, Pennsylvania )
NOTICE OF VIOLATION
Released: December 31, 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 Forever Broadcasting LLC, the
licensee of AM Radio Stations WQWK and WRSC in State College,
Pennsylvania. This Notice may be combined with a further action, if
further action is warranted.
2. On September 17, 2009, an agent of the Commission's Philadelphia
Office inspected radio stations WQWK and WRSC located in State
College, Pennsylvania, and observed the following violation:
47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and wireless
cable systems 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. . . ."
The agent found that stations WQWK and WRSC, which are co-located and
share EAS equipment, were monitoring only one EAS source.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violation(s) and any remedial actions the station may have taken.
Therefore, Forever Broadcasting LLC must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct each violation
and preclude recurrence, and (iii) must include a time line for
completion of any pending corrective action(s). The response must be
complete in itself and must not be abbreviated by reference to other
communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
Forever Broadcasting LLC to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of Forever Broadcasting LLC with personal
knowledge of the representations provided in Forever Broadcasting
LLC's response, verifying the truth and accuracy of the information
therein, and confirming that all of the information requested by this
Notice which is in the licensee's possession, custody, control, or
knowledge has been produced. To knowingly and willfully make any false
statement or conceal any material fact in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
5. 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
6. This Notice shall be sent to Forever Broadcasting LLC at its address
of record.
7. 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, further action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission