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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
L-Com Inc. ) File No. EB-09-PA-0249
Licensee of Radio Station WHKS )
Facility ID # 36093 ) NOV No. V201032400020
Port Allegany, Pennsylvania )
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 L-Com Inc., the licensee of AM Radio
Stations WHKS in Port Allegany, Pennsylvania. This Notice may be
combined with a further action, if further action is warranted.
2. On October 15, 2009, an agent of the Commission's Philadelphia Office
inspected radio station WHKS located in Port Allegany, 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..."
A review of WFRM's EAS logs revealed that WFRM was properly 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, L-Com 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
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 L-Com Inc. 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 L-Com 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).
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