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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Stone/Collins Communications, Inc. ) File No. EB-09-AT-0018
Licensee of Radio Station WEPG (AM) )
Facility ID #40154 ) NOV No. V201032480002
South Pittsburg,Tennessee )
)
)
NOTICE OF VIOLATION
Released: January 20, 2010
By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Stone/Collins Communications, Inc.,
licensee of radio station WEPG in South Pittsburg, Tennessee.
2. On August 19, 2009, agents of the Commission's Atlanta Office of the
Enforcement Bureau inspected the main studio of AM radio station WEPG
located in South Pittsburg, Tennessee, and observed the following
violation(s):
a. 47 C.F.R. S: 73.1870(a) and (c): "The licensee of each AM...broadcast
station must designate a person to serve as the station's chief
operator...The chief operator is responsible for...[i]nspections and
calibrations of the transmission system, required monitors, metering
and control systems and any necessary repairs or adjustments...Review
of the station records at least once a week to determine if required
entries are being made correctly...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 of which is repetitive." There was no
written designation of chief operator posted at the station, and
there was no written record of any review of the station's logs.
b. 47 C.F.R. S: 73.51(a), (d), and (e)(2): "Except in those
circumstances described in paragraph (d) of this section, the
operating power shall be determined by the direct method...When it is
not possible or appropriate to use the direct method of power
determination due to technical reasons, the indirect method of
determining operating power...may be used on a temporary basis. A
notation must be made in the station log indicating the dates of
commencement and termination of measurement using the indirect method
of power determination...and [t]he value of F applicable to each mode
of operation must be determined and a record kept thereof with a
notation as to its derivation...and retained in the station records."
The licensee was not determining the station's operating power by the
direct method, and had been determining power indirectly for a long
time. There was no recorded value of "F" (efficiency factor)
available at the station and no logs indicating when the station
commenced determination of operating power by the indirect method.
c. 47 C.F.R. S: 73.1560(a): "[T]he antenna input power of an AM
station...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." The station's daytime power level was 80%
of the authorized power.
d. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at
times, or with modes or power, other than those specified and made a
part of the license." On the evening of August 18, 2009, the station
did not reduce power from daytime levels to nighttime levels for over
an hour.
e. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS
sources." The second monitoring receiver on the EAS unit was not
working at the time of inspection; the station was only monitoring
one EAS source. The EAS logs showed that the last time the second
receiver had worked was in March of 2009. During the inspection, the
licensee found that the antenna had been disconnected to the second
receiver and the problem was fixed.
f. 47 C.F.R. S: 11.61 (a)(2): "EAS participants shall conduct...required
weekly tests." The licensee had not sent the required weekly tests on
the second receiver since March 2009.
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, Stone/Collins Communications, 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
Stone/Collins Communications, 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 Stone/Collins
Communications, Inc. with personal knowledge of the representations
provided in Stone/Collins Communications, 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
Atlanta Office
3575 Koger Blvd, Suite 320
Duluth, GA 30096
6. This Notice shall be sent to Stone/Collins Communications, 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, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Douglas G. Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
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