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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Word Power, Inc. )
)
Licensee of Radio Station WPFR ) File No.: EB-10-CG-0289
Facility ID #70653 )
)
Licensee of Radio Station WPFR-FM ) File No.: EB-10-CG-0288
Facility ID #73712 )
)
License of Radio Station WKZI ) File No.: EB-10-CG-0290
Facility ID #73711 )
)
Licensee of Radio Station WLHW ) File No.: EB-10-CG-0291
Facility ID #73713 )
) NOV No.: V201032320007
NOTICE OF VIOLATION
Released: August 10, 2010
By the District Director, Chicago 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 Word Power, Inc., licensee of AM Radio
Station WPFR and FM Radio Station WPFR-FM, in Terre Haute, Indiana and AM
Radio Station WKZI and FM Radio Station WLHW in Casey, Illinois.
2. On July 22, 2010, an agent of the Commission's Chicago Office
inspected the co-located main studios of radio stations WPFR and
WPFR-FM licensed to Terre Haute, Indiana and WKZI and WLHW licensed to
Casey, Illinois, and observed the following violation:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participants
records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time of
the inspection, there were no entries in the station log indicating that
the required monthly tests were conducted for the months of May and June,
2010. There were no entries in the log indicating why the required monthly
tests were not conducted.
a. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. . .
the station records at least once each week to determine if required
entries are being made correctly. Additionally, verification must be
made that the station has been operated as required by the rules or
the station authorization. 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 which is repetitive." The agent observed
that the logs were not signed and dated by the chief operator.
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, Word Power, Inc., must submit
a written statement concerning this matter within twenty (20) days of
release of this Notice. The response must (i) fully explain each
violation, including all relevant surrounding facts and circumstances,
(ii) must fully explain each violation, including 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
Word Power, 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 Word Power, Inc. with personal knowledge of
the representations provided in Word Power, 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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Word Power, 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
James M. Roop
District Director
Chicago District 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, evidence, 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