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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New Age Media of Tennessee License, LLC ) File No. EB-10-AT-0099
Licensee of TV Station WDSI-TV )
Facility ID #71353 ) NOV No. V201032480007
Chattanooga, 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 New Age Media of Tennessee License,
LLC, licensee of television station WDSI-TV, Chattanooga,TN.
2. On July 29, 2010, agents from the Enforcement Bureau's Atlanta Office
inspected the station's main studio located in Chattanooga, TN 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 EAS sources.
b. 47 C.F.R. S: 11.61: "(a)... All tests will conform with the
procedures in the EAS Operating Handbook. ... (b) Entries shall be
made in EAS Participant records, as specified in Sections 11.35(a)
and 11.54(b)(13)." The EAS Operating Handbook requires EAS
participants to log all received and transmitted EAS tests. In
addition, Section 73.1820(a)(1)(iii) states that "[e]ntries must be
made in the station log either manually by a person designated by the
licensee ... or by automatic devices. ... The following information
must be entered: An entry of each test and activation of the EAS
pursuant to the requirement of part 11 of this chapter and the EAS
Operating Handbook."
The station's EAS logs contained no entries for transmitting weekly tests
or receiving and retransmitting monthly tests.
The station's EAS logs contained no entries for transmitting weekly tests
or receiving and retransmitting monthly tests.
c. 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 station logs on a
weekly basis.
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, New Age Media of Tennessee License, 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
New Age Media of Tennessee License, 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 New Age Media of
Tennessee License, LLC with personal knowledge of the representations
provided in New Age Media of Tennessee License, 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
Atlanta Office
3575 Koger Blvd.
Duluth, GA 30096
6. This Notice shall be sent to New Age Media of Tennessee License, 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
Douglas G. Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau
cc: WDSI-TV
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