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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Crystal Coast Communications, Inc. ) File No. EB-11-NY-0324
Licensee of AM Radio Station WRIV )
Facility ID # 14647 )
Mineola, New York ) NOV No. V201232380003
NOTICE OF VIOLATION
Released: November 10, 2011
By the District Director, New York 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 Crystal Coast Communications, Inc.,
licensee of AM Station WRIV in Mineola, New York. This Notice may be
combined with a further action, if further action is warranted.
2. On October 17, 2011, an agent of the Enforcement Bureau's New York
Office inspected Station WRIV's main studio located at 40 West Main
Street, Riverhead, New York, and observed the following violation:
47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and wireless
cable systems 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. . . ." The agent found
that Station WRIV was monitoring only one of its assigned EAS sources.
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. Therefore, Crystal Coast
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
Crystal Coast 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 Crystal Coast
Communications, Inc. with personal knowledge of the representations
provided in Crystal Coast Communications, 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
6. This Notice shall be sent to Crystal Coast 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
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
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