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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Erie Christian Broadcasting, Inc. ) File No. EB-10-PA-0256
Licensee of Low Power FM Station WXNM-LP )
Facility ID # 135021 ) NOV No. V201132400009
Erie, Pennsylvania )
)
NOTICE OF VIOLATION
Released: January 10, 2011
By the District Director, Philadelphia 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 Erie Christian Broadcasting, Inc.,
licensee of Low Power FM Station WXNM-LP in Erie, Pennsylvania. This
Notice may be combined with a further action, if further action is
warranted.
2. On September 23, 2010, an agent of the Commission's Philadelphia
Office inspected Low Power FM Station WXNM-LP in Erie, Pennsylvania
and observed the following violations:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS participant
records as specified in S:S:11.35(a) and 11.54(b)(13)." At the time
of the inspection, no EAS log was available for inspection.
b. 47 C.F.R. S: 73.1230(a): "The station license and any other
instrument of station authorization shall be posted in a conspicuous
place and in such a manner that all terms are visible at the place
the licensee considers to be the principal control point of the
transmitter." At the time of the inspection, the station license was
not posted in a conspicuous place at the principal control point of
the transmitter.
c. 47 C.F.R. S: 73.845: "Each LPFM licensee is responsible for
maintaining and operating its broadcast station in a manner that
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization. In the
event that an LPFM station is operating in a manner that is not in
compliance with the technical rules set forth elsewhere in this part
or the terms of the station authorization, broadcast operation must
be terminated within three hours." At the time of the inspection,
radio station WXNM-LP was operating as an unattended station, but did
not have the capability to take the station off the air within 3
hours of any technical malfunction.
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, Erie Christian Broadcasting, Inc. 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
Erie Christian Broadcasting, 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 Erie Christian
Broadcasting, Inc. with personal knowledge of the representations
provided in Erie Christian Broadcasting, 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Erie Christian Broadcasting, 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. 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
Gene J. Stanbro
District Director
Philadelphia 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).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission