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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Universal Broadcasting of New York, Inc. ) File No. EB-09-NY-0350
Licensee of AM Radio Station WTHE )
Facility ID # 68957 )
Mineola, New York ) NOV No. V201032380011
NOTICE OF VIOLATION
Released: March 8, 2010
By the District Director, New York 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 Universal Broadcasting of New York,
Inc., licensee of AM radio station WTHE in Mineola, New York. This
Notice may be combined with a further action, if further action is
warranted.
2. On December 2, 2009, an agent of the Enforcement Bureau's New York
Office inspected WTHE's main studio located at 260 E. 2nd Street,
Mineola, NY 11501, 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. . .
." The agent found that station WTHE was monitoring only one of its
assigned EAS sources.
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)." The
agent found that entries were not made in the EAS logs to show
Required Weekly Tests ("RWT") received and Required Monthly Tests
("RMT") received or sent from July 1, 2009 to November 30, 2009.
There were no entries in the station logs indicating the reasons why
the required EAS tests were not received or sent.
c. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
Class A TV station, except licensees of Class D non-commercial
educational FM stations authorized to operate with 10 watts or less
output power, must make equipment performance measurements for each
main transmitter as follows: Annually, for AM stations, with not more
than 14 months between measurements." At the time of inspection, no
equipment performance measurements were available for inspection, as
required by 47 C.F.R. S: 73.1590(d).
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, Universal Broadcasting of New York, 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
Universal Broadcasting of New York, 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 Universal Broadcasting of
New York, Inc. with personal knowledge of the representations provided
in Universal Broadcasting of New York, 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
6. This Notice shall be sent to Universal Broadcasting of New York, 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
Daniel W. Noel
District Director
New York 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