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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clear Communications, Inc. ) File No. EB-11-PA-0020
Licensee of FM Station WVLT )
Facility ID # 11974 ) NOV No. V201132400030
Vineland, New Jersey )
)
NOTICE OF VIOLATION
Released: August 2, 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 Clear Communications, Inc., licensee
of FM Station WVLT in Vineland, New Jersey. This Notice may be
combined with a further action, if further action is warranted.
2. On May 31, 2011, agents of the Commission's Philadelphia Office
inspected FM Station WVLT in Vineland, 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 WVLT must monitor a Primary
Entry Point Station and WENJ 97.3 MHz. At the time of inspection,
WVLT was not monitoring a Primary Entry Point Station.
b. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least
once each week to determine if required entries are being made
correctly.... [U]pon completion of the review, the chief operator or
his designee must date and sign the log...." At the time of
inspection, there was no indication that the logs were being signed
and dated by the chief operator.
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, Clear Communications, 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
Clear Communications, 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 FM Station WVLT with personal knowledge of
the representations provided in Clear Communication 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 Clear 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. 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.
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
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Federal Communications Commission