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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Lake Michigan Broadcasting, Inc. ) File No. EB-11-DT-0216
Licensee of Radio Station WKLA-FM )
Facility ID # 10809 ) NOV No. V201232360002
Ludington, MI )
)
)
NOTICE OF VIOLATION
Released: October 27, 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 Lake Michigan Broadcasting Inc,
licensee of Station WKLA-FM in Ludington, Michigan.
2. On September 15, 2011, an agent of the Commission's Detroit Office
inspected radio station WKLA-FM located at 5941 West U.S. 10 in
Ludington, Michigan, and observed the following violations:
a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
sources. The monitoring assignments of each broadcast station and
cable system and wireless cable system are specified in the State EAS
Plan and FCC Mapbook. They are developed in accordance with FCC
monitoring priorities." At the time of inspection, Station WKLA-FM
was monitoring only one EAS source.
b. 47 C.F.R. S: 11.35: "(a) Appropriate entries indicating reasons why
any tests were not received must be made in the broadcast station log
as specified in S:S: 73.1820 and 73.1840 . . . . (b) If the EAS
Encoder or EAS Decoder becomes defective, the EAS Participant may
operate without the defective equipment pending its repair or
replacement for 60 days without further FCC authority. Entries shall
be made in the broadcast station log. . . showing the date and time
the equipment was removed and restored to service." At the time of
the inspection, station management informed the agent that the EAS
equipment could not operate in automatic mode during nighttime hours
when the station is unattended because of damage that the equipment
sustained during a recent lightning storm. Station WKLA-FM failed,
however, to make the required entries in the station log regarding
the defective equipment and the resulting inability to receive the
nighttime monthly test in August.
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. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the Rules,
we seek additional information concerning the violation(s) and any
remedial actions the station may have taken. Therefore, Lake Michigan
Broadcasting, 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
Lake Michigan Broadcasting, 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 Lake Michigan
Broadcasting, Inc. with personal knowledge of the representations
provided in Lake Michigan Broadcasting, 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
Detroit Office
24897 Hathaway St.
Farmington Hills, MI 48335
6. This Notice shall be sent to Lake Michigan Broadcasting, 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 District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
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