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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cumulus Licensing L.L.C. ) File No. EB-09-PA-0271
Licensee of Radio Station WWIZ )
Facility ID # 23437 ) NOV No. V201132400014
Mercer, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: March 4, 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 Cumulus Licensing L.L.C.
("Cumulus"), the licensee of radio station WWIZ in Mercer,
Pennsylvania.
2. On November 17, 2009, an agent of the Commission's Philadelphia Office
inspected radio station WWIZ located in Mercer, Pennsylvania and
observed the following violations:
a. 47 C.F.R. S: 11.52(d): "Broadcast stations ... must monitor two EAS
sources. The monitoring assignments of each broadcast station ... are
specified in the State EAS Plan and FCC Mapbook. They are also
developed in accordance with FCC monitoring priorities..." At the
time of inspection, Cumulus was not monitoring Local Primary 2
station WKPL. The Pennsylvania State Plan specifies that WWIZ must
monitor Local Primary 1 station WWGY on 95.1 MHz and Local Primary 2
station WKPL on 92.1 MHz.
b. 47 C.F.R. S: 73.1226(a): "Station records and logs shall be made
available for inspection or duplication at the request of the FCC or
its representative. ..." At the time of inspection, station records
and logs concerning the Emergency Alert System (See
73.1820(a)(1)(iii) for the periods between November 17, 2008 and
September 30, 2009 and between October 21, 2009 and November 17, 2009
were not available for inspection.
c. 47 C.F.R. S: 11.61(a)(2)(i)(A): "Tests of EAS procedures...Required
Weekly Tests:...AM, FM, and TV stations must conduct tests...at least
once each week and at random days and times..." Based on a review of
the WWIZ station logs for the period between September 30, 2009 and
October 21, 2009, Cumulus was not transmitting the Required Weekly
Test at random dates and time. Instead, Cumulus was transmitting the
Required Weekly Tests every Tuesday at 1:36 a.m.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Cumulus Licensing
L.L.C., must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response must fully
explain each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective
action(s). The response must be complete in itself and signed by a
principal or officer of the Cumulus Licensing L.L.C. 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, PA 19047
4. This Notice shall be sent to Cumulus Licensing L.L.C. at its address
of record.
5. 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 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission