Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Burbach of DE, LLC ) File Nos. EB-10-CF-0084
Licensee of Radio Station WADC ) EB-10-CF-0085
Facility ID # 15255 )
Parkersburg, WV ) NOV No. V201032340004
)
Licensee of Radio Station WGGE )
Facility ID # 15254 )
Parkersburg, WV )
NOTICE OF VIOLATION
Released: June 25, 2010
By the District Director, Columbia Field 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 Burbach of DE, LLC, licensee of
broadcast radio stations WADC and WGGE in Parkersburg, WV.
2. On March 30, 2010, an agent of the Commission's Columbia Field Office
inspected the WADC and WGGE main studios located at #5 Rosemar Circle,
Parkersburg, WV, and observed the following violations:
47 C.F.R. S: 11.61(b): "Entries shall be made in EAS participants records,
as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of the
inspection, the agent observed that there were no entries in the stations'
logs documenting the Required Weekly Tests received by WADC and WGGE for
the weeks of December 21, 2009, December 28, 2009, January 4, 2010,
January 11, 2010, January 18, 2010, February 15, 2010, and February 22,
2010. In addition, there were no entries in the stations' logs documenting
the Required Monthly Tests for the four month period prior to the
inspection.
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, Burbach of DE, LLC 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
Burbach of DE, LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Burbach of DE, LLC with personal knowledge of
the representations provided in Burbach of DE, LLC 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
Columbia Field Office
9200 Farm House Lane
Columbia, MD 21046
6. This Notice shall be sent to Burbach of DE, LLC 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
Salomon Satche
District Director
Columbia Field Office
Northeast 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
3
Federal Communications Commission