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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Church of the Living God Ministries ) File No. EB-09-DT-0170
Licensee of NCE Radio Station WTKC )
Facility ID# 92793 ) NOV No. V201032360007
Findlay, OH )
)
)
NOTICE OF VIOLATION
Released: March 25, 2010
By the District Director, Detroit Office, Northeast, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Church of the Living God Ministries,
licensee of non-commercial FM radio station WTKC in Findlay, OH.
2. On August 26, 2009, agents of the Commission's Detroit Office radio
station WTKC located in Findlay, OH, and observed the following
violation(s):
a. 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."
Church of the Living God Ministries operates station WTKC on an
unattended basis but does not have the capability to terminate
operations of the WTKC 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.
b. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial
educational radio broadcast stations, every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter (e.g., January 10 for the quarter
October-December, April 10 for the quarter January-March, etc.)...."
At the time of inspection, the public inspection file did not contain
issues/programs list for the first quarter 2008 and second quarter
2009.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Church of the
Living God Ministries, must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
must fully explain each violation, must contain a statement of the
specific action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of pending
corrective action(s). The response must be complete in itself and
signed by a principal or officer of the Church of the Living God
Ministries. 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
Detroit Office
24897 Hathaway St.
Farmington Hills, MI 48335-1552
4. This Notice shall be sent to Church of the Living God Ministries at
its address of record.
5. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission