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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
BGI Broadcasting L.P. ) File No. EB-11-MA-0094
Licensee of Radio Station WBGF )
Facility ID #59661 )
Belle Glade, FL 33430 )
)
Owner of Antenna Structure Number )
1252640 )
South Bay, FL ) NOV No. V201132600004
NOTICE OF VIOLATION
Released: June 28, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to section
1.89 of the Commission's rules, to BGI Broadcasting L.P., licensee of
Radio Station WBGF in Belle Glade, FL and owner of antenna structure
number 1252640 in South Bay, FL.
2. On June 21, 2011, agents of the Enforcement Bureau's Miami Office
inspected Station WBGF's main studio located at 2001 North State Road
715, Belle Glade, FL 33430 and ASR #1252640 located at 100 Levee Road,
South Bay, FL 33493, and observed the following violation(s):
a. 47 C.F.R. S: 17.4(g): "Antenna Structure Registration Number must be
displayed in a conspicuous place so that it is readily visible near
the base of the antenna structure." At the time of inspection, there
was no antenna structure registration number posted at or near the
base of the antenna structure.
b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." At the time of inspection, there was no designation
of the current chief operator posted with the station license.
c. 47 C.F.R. S: 11.15: "The EAS Operating Handbook states in summary
form the actions to be taken by personnel at EAS Participant
facilities upon receipt of an EAN, an EAT, tests, or State and Local
Area alerts. It is issued by the FCC and contains instructions for
the above situations. A copy of the Handbook must be located at
normal duty position or EAS equipment locations when an operator is
required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." At
the time of inspection, the EAS Operating Handbook was not present at
the station's normal duty position or EAS equipment location.
d. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS participant
records as specified in S:11.35(a) and S:11.54(b)(13)." At the time
of inspection, no EAS log was available for inspection.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Commission's rules, BGI Broadcasting L.P.,
must submit a written statement concerning this matter within 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
BGI Broadcasting L.P. 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
Miami Office
P.O. Box 570617
Miami, FL 33122
4. This Notice shall be sent to by both Certified Mail/Return Receipt
Requested and regular mail to BGI Broadcasting L.P. 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
Michael Mattern
Resident Agent
Miami District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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