Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Enrico S. Brancadora ) File No. EB-11-PA-0008
Licensee of AM Station WIBG )
Facility ID # 19617 ) NOV No. V201132400016
Ocean City, New Jersey )
)
NOTICE OF VIOLATION
Released: March 21, 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 Enrico S. Brancadora, licensee of AM
Station WIBG in Ocean City, New Jersey. This Notice may be combined
with a further action, if further action is warranted.
2. On January 25, 2011, agents of the Commission's Philadelphia Office
inspected AM Station WIBG in Ocean City, New Jersey 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 developed
in accordance with FCC monitoring priorities..." The Emergency Alert
System Plan for New Jersey specifies that WIBG must monitor a Primary
Entry Point Station and WFPG 96.9 MHz. At the time of inspection,
WIBG was not monitoring WFPG or a Primary Entry Point Station. WIBG
was monitoring WENJ-FM which is not a required source.
b. 47 C.F.R. S: 73.189(b)(4): "... [I]t is considered that where a
vertical radiator is employed with its base on the ground, the ground
system should consist of buried radial wires at least one-forth wave
length long...." At the time of inspection, the agents observed that
the radial wires associated with the vertical radiator's ground
system were inadequately buried.
c. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at
times, or with modes or power, other than those specified and made a
part of the license, unless otherwise provided in this part." WIBG
was found operating at times outside the authorized daytime
authorization and with power above the authorized critical power.
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, Enrico S. Brancadora 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
Enrico S. Brancadora to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of AM Station WIBG with personal knowledge of
the representations provided in Enrico S. Brancadora'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 Enrico S. Brancadora at his 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).
According to the Emergency Alert System Plan for the state of New Jersey,
the Primary Entry Point Stations include: WNJN 89.7 MHz; WNJS 88.1 MHz;
WNJB 89.3 MHz; WNJZ 90.3 MHz; WNJM 89.9 MHz; WNJT 88.1 MHz; WNJP 88.5 MHz;
WNJS TV CH 22; WNJN TV CH 51; WNJT TV CH 43; WNJB TV CH 8.
The Emergency Alert System Plan for the state of New Jersey strongly
encourages broadcast and cable operators to monitor the NOAA Weather Radio
Station that serves their area but it is not an FCC requirement.
AM Station WIBG is authorized 0.68 kW during critical hour operation and
1.9 kW during daytime operation. Based on field strength measurements
using a calibrated FIM-41 meter serial number 651, the agents calculated
the power for station WIBG to be 1.841 kW during their critical hour
period prior to inspection.
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