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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Farm & Home Broadcasting Company ) File No. EB-09-PA-0243
Licensee of Radio Station WFRM )
Facility ID # 21196 )
Antenna Structure Registrant )
ASR # 1026692 )
Coudersport, Pennsylvania ) NOV No. V201032400019
)
NOTICE OF VIOLATION
Released: January 20, 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 Farm & Home Broadcasting Company,
the licensee of AM Radio Station WFRM and owner of antenna structure
number 1026692 in Coudersport, Pennsylvania. This Notice may be
combined with a further action, if further action is warranted.
2. On October 13 and 14, 2009, an agent of the Commission's Philadelphia
Office inspected radio station WFRM and antenna structure
number1026692 located in Coudersport, 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 WFRM's EAS logs revealed that WFRM was properly
monitoring only one EAS source.
b. 47 C.F.R. S: 17.50(a): "Antenna structures requiring painting under
this part shall be cleaned or repainted as often as necessary to
maintain good visibility." At the time of inspection, the agent
observed that the paint on the antenna structure was faded and
chipped.
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. Similarly, the Commission
investigates compliance with painting requirements for antenna
structures because of the potential hazard to air navigation.
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, Farm & Home Broadcasting Company
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
L-COM, 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 Farm & Home Broadcasting Company with personal
knowledge of the representations provided in L-COM, 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 Farm & Home Broadcasting Company 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).
Under the Pennsylvania State EAS Plan, stations in the Warren EAS
Operational Area such as WFRM are required to monitor stations WRRN (92.3
MHz) and WPSX (92.1 MHz). WFRM instead was monitoring stations WRRN and
WHKS. WFRM is required to obtain a waiver if required EAS sources cannot
be received or monitored.
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
2
Federal Communications Commission