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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MPS Media of Tennessee, LLC ) File No. EB-10-AT-0098
Licensee of Digital TV Station WFLI-TV )
Facility ID #72060 ) NOV No. V201032480006
Cleveland, TN )
)
)
NOTICE OF VIOLATION
Released:August 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 MPS Media of Tennessee, LLC,
licensee of digital TV station WFLI-TV, Cleveland, TN.
2. On July 28, 2010, agents of the Enforcement Bureau's Atlanta Office
monitored WFLI-TV, and then inspected the station's main studio in
Chattanooga, TN on July 29, 2010 and observed the following
violation(s):
a. 47 C.F.R. S: 11.52(d): EAS participants must monitor two assigned EAS
sources."
The station was monitoring only one of the two assigned monitoring
sources.
b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review
and sign the station logs on a weekly basis.
The chief operator was not reviewing or signing the logs on a weekly
basis.
c. 47 C.F.R. S: 73.1201(a)(2): "Broadcast station identification
announcements shall be made...hourly, as close to the hour as
feasible, at a natural break in program offerings. Television and
Class A television broadcast stations may make these announcements
visually or aurally."
The licensee failed to conduct the required station identification on the
hours of 5:00 PM and 9:00PM on July 28, 2010. The station also failed to
conduct the required station identification at 5:00 AM on July 29, 2010.
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,3 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, MPS Media of Tennessee, 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
4. In accordance with Section 1.16 of the Commission's Rules, we direct
MPS Media of Tennessee, 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 MPS Media of Tennessee, LLC with
personal knowledge of the representations provided in MPS Media of
Tennessee, 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
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.
Duluth, GA 30096
6. This Notice shall be sent to MPS Media of Tennessee, LLC at its
address of record.
7. The Privacy Act of 19746 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
cc: WFLI-TV
47 C.F.R. S: 1.89.
3 47 U.S.C. S: 403
4 47 C.F.R. S: 1.89(c)
5 18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
6 P.L. 93-579, 5 U.S.C. S: 552a(e)(3)
Federal Communications Commission
2
Federal Communications Commission