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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Davidson Media Station WLLV Licensee, LLC ) File No.: EB-10-CG-0409
Licensee of Radio Station WLLV ) EB-10-CG-0410
Facility ID # 01125 )
Louisville, Kentucky )
)
Davidson Media Station WLOU Licensee, LLC ) NOV No.: V201132320005
Licensee of Radio Station WLOU )
Facility ID # 31883 )
Louisville, Kentucky )
NOTICE OF VIOLATION
Released: December 23, 2010
By the District Director, Chicago Office, Northwest 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 WLLV
Licensee, LLC and Davidson Media Station WLOU Licensee, LLC
(collectively "Davidson Media Station"), licensee of Stations WLLV and
WLOU, respectively, 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 co-located and co-owned Stations WLLV and WLOU 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 (1) that
the required weekly tests were received and conducted for the weeks of May
30, 2010 through June 20, 2010 and (2) that the monthly tests were
received and retransmitted during the months of May and June. There were
no entries in the logs indicating why the required monthly and weekly
tests were not conducted.
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 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 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 with personal
knowledge of the representations provided in Davidson Media Station'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 Davidson Media Station WLLV Licensee, LLC
and Davidson Media Station WLOU Licensee, LLC at 2001 W. 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, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
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.
Davidson Media Station WLLV Licensee, LLC, and Davidson Media Station WLOU
Licensee, LLC, are each required to submit a statement in response to this
Notice.
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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
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Federal Communications Commission