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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ICS Communications, Inc. ) File No. EB-10-DT-0346
Licensee of Radio Station WUCO )
Facility ID # 29636 ) NOV No. V201132360006
Marysville, Ohio )
)
)
NOTICE OF VIOLATION
Released: June 10, 2011
By the District Director, Detroit 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 ICS Communications, Inc. ("ICS"),
licensee of Station WUCO in Marysville, Ohio. This Notice may be
combined with further action, if further action is warranted.
2. On January 27, 2011, an agent of the Commission's Detroit Office
inspected radio station WUCO in Marysville, Ohio, 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, the station records contained no entries regarding
the receipt and transmission of EAS tests.
b. 47 C.F.R. S: 73.62(a): "Each AM station operating a directional
antenna must maintain the indicated relative amplitudes of the
antenna monitor currents within 5% of the values specified therein.
Directional antenna relative phase currents must be maintained to
within 3 degrees of the values specified on the instrument of
authorization." At the time of inspection, Station WUCO was operating
out of tolerance with its authorized parameters.
c. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For
commercial AM and FM broadcast stations, every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter (e.g., January 10 for the quarter
October-December, April 10 for the quarter January-March, etc.).." At
the time of the inspection, Station WUCO's public inspection file was
missing two quarters of issues/programs lists.
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, ICS 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
ICS to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of ICS with personal knowledge of the
representations provided in ICS 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan 48335
6. This Notice shall be sent to ICS Communications 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.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit 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
3
Federal Communications Commission