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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Believe & Achieve Family And )
Educational Center, Inc. ) File No. EB-09-PA-0198
Licensee of Radio Station WZUM )
Facility ID # 27137 ) NOV No. V201032400016
Carnegie, Pennsylvania )
)
NOTICE OF VIOLATION
Released: January 7, 2010
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 Believe & Achieve Family and
Educational Center, Inc.,("Believe & Achieve"), licensee of AM radio
station WZUM in Carnegie, Pennsylvania. This Notice may be combined
with a further action, if further action is warranted.
2. On September 16, 2009, agents of the Commission's Philadelphia Office
inspected radio station WZUM located in Carnegie, Pennsylvania, and
observed the following violations:
a. 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...."
A review of the station's EAS logs revealed that WZUM was monitoring
only one EAS source.
b. 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)." A
review of the station's EAS logs revealed that entries were not made
in the EAS logs to show required weekly EAS tests for the weeks of
June 7, 2009, August 16, 2009, and August 23, 2009. The station's
EAS logs also revealed that entries were not made in the EAS logs to
show required monthly EAS tests received and retransmitted for the
months of January, February, March, June, and August of 2009. There
were no entries in the station logs indicating the reason why the
required weekly tests and required monthly tests were not conducted.
c. 47 C.F.R. S: 73.61(a): "Each AM station using a directional antenna
must make field strength measurements at the monitoring point
locations specified in the instrument of authorization, as often as
necessary to ensure that the field at those points does not exceed
the values specified in the station authorization." On September 16,
2009, the field strength measurement exceeded the authorized value of
1.11 mV/m during the day for WZUM's 221.5DEG monitoring point. The
FCC agents measured 1.78 mV/m.
d. 47 C.F.R. S: 73.69(e): "The antenna monitor must be calibrated
according to the manufacturer's instructions as often as necessary to
ensure its proper operation." At the time of inspection, the antenna
monitor was not properly functioning.
e. 47 C.F.R. S: 73.1201(a)(2): "Broadcast station identification
announcements shall be made ... [h]ourly, as close to the hour as
feasible, at a natural break in program offerings." On September 14,
2009, Believe & Achieve did not transmit the proper call sign on
station WZUM at the top of the 8:00 pm hour. Instead, agents heard
station WZUM transmit the call sign for the station whose programming
it retransmits.
f. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must
have the capability to turn the transmitter off at all times. If the
personnel are at a remote location, the control system must provide
this capability continuously or must include an alternate method of
acquiring control that can satisfy the requirement of paragraph (d)
of this section that operation be terminated within 3 minutes."
Believe & Achieve operates station WZUM on an unattended basis but
does not have the capability to terminate operations of the WZUM
transmitter within 3 minutes. The personnel designated by the
licensee to control the transmitter must have the capability to turn
the transmitter off at all times, or include an alternate method of
taking control of the transmitter which can terminate the station's
operation within 3 minutes.
g. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must
enable the licensee to determine compliance with S:73.1560 regarding
operating power and AM station mode of operation, S: 73.1570
regarding modulation levels, and, where applicable, S: 73.1213
regarding antenna tower lighting, and S:73.69 regarding the
parameters of an AM directional antenna system." On the day of
inspection, the chief operator stated that the field strength
measurements have not been verified in over two years indicating that
there was not a set procedure to ensure compliance.
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. We also must investigate violations of
other rules that apply to broadcast licensees. 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, Believe & Achieve Family and Educational Center, Inc. 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
Believe & Achieve Family and Educational Center, Inc. to support its
response to this Notice with an affidavit or declaration under penalty of
perjury, signed and dated by an authorized officer of Believe & Achieve
Family and Educational Center, Inc. with personal knowledge of the
representations provided in Believe & Achieve Family and Educational
Center, Inc.'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 Believe & Achieve Family and Educational
Center, Inc. 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).
The authorized field strength during the night time along the 221.5DEG
monitoring point is 0.3 mV/m. The FCC agents measured 0.31 mV/m at night
time.
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
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Federal Communications Commission