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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Davidson Media Station WTMT Licensee, LLC )
Licensee of Radio Station WTUV ) File No. EB-10-CG-0411
Facility ID #30798 )
Louisville, Kentucky ) NOV No. V201132320004
NOTICE OF VIOLATION
Released: December 22, 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 Davidson Media Station WTMT
Licensee, LLC, licensee of Station WTUV in Louisville, Kentucky. This
Notice may be combined with a further action, if further action is
warranted.
2. On August 17, 2010, an agent of the Commission's Chicago Office
inspected Station WTUV in Louisville, Kentucky, and observed the
following violation:
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 documenting that EAS
weekly and monthly tests were received or transmitted. There were no
entries in the logs indicating why the required monthly and weekly tests
were not received or transmitted.
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, Davidson Media Station WTMT Licensee, 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
Davidson Media Station WTMT licensee, 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 Davidson Media Station
WTMT Licensee, LLC with personal knowledge of the representations
provided in Davidson Media Station WTMT Licensee, LLC'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, Illinois 60068
6. This Notice shall be sent to Davidson Media Station WTMT Licensee, LLC
at 2001 West Broadway Street, Louisville, Kentucky 40203.
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, further 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 C.F.R. S: 1.89(a).
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
2
Federal Communications Commission