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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
L. Stanley Wall ) File No. EB-11-PA-0027
Licensee of FM Station WLSW )
Facility ID # 36116 ) NOV No. V201132400038
Scottdale, Pennsylvania )
)
NOTICE OF VIOLATION
Released: September 7, 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 L. Stanley Wall, licensee of FM
Station WLSW in Scottdale, Pennsylvania. This Notice may be combined
with a further action, if further action is warranted.
2. On July 18, 2011, an agent of the Commission's Philadelphia Office
inspected FM Station WLSW at the station's main studio in
Connellsville, Pennsylvania and observed the following violations:
a. 47 C.F.R. S: 73.3526(e)(4): "...Every permittee or licensee of an AM,
FM, TV or Class A TV station in the commercial broadcast services
shall maintain a public inspection file containing...a copy of any
service contour maps, submitted with any application tendered for
filing with the FCC, together with any other information in the
application showing service contours and/or main studio and
transmitter location (State, county, city, street address, or other
identifying information). These documents shall be retained for as
long as they reflect current, accurate information regarding the
station." At the time of the inspection, there was no service contour
map in the station's public inspection file.
b. 47 C.F.R. S: 73.3526(e)(5): "...Every permittee or licensee of an AM,
FM, TV or Class A TV station in the commercial broadcast services
shall maintain a public inspection file containing...ownership
reports and related materials. A copy of the most recent, complete
ownership report filed with the FCC for the station, together with
any statements filed with the FCC certifying that the current report
is accurate, and together with all related material. These materials
shall be retained until a new, complete ownership report is filed
with the FCC, at which time a copy of the new report and any related
materials shall be placed in the file." At the time of the
inspection, the current ownership report was not in the station's
public inspection file.
c. 47 C.F.R. S: 73.3526(e)(10): "...Every permittee or licensee of an
AM, FM, TV or Class A TV station in the commercial broadcast services
shall maintain a public inspection file containing...material
relating to FCC investigation or complaint. Material having a
substantial bearing on a matter which is the subject of an FCC
investigation or complaint to the FCC of which the applicant,
permittee, or licensee has been advised. This material shall be
retained until the applicant, permittee, or licensee is notified in
writing that the material may be discarded." At the time of the
inspection, a copy of the Notice of Apparently Liability that the
Commission issued L. Stanley Wall on June 17, 2011 was not in the
station's public inspection file.
d. 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 written
designation posted with the station license designating the chief
operator.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's Rules, L. Stanley Wall
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 L. Stanley Wall.
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
4. This Notice shall be sent to L. Stanley Wall 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 C.F.R. S: 1.89(a).
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
3
Federal Communications Commission