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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Curran Communications, Inc. ) File No. EB-11-PA-0156
Licensee of AM Station WPAM )
Facility ID # 14741 ) NOV No. V201232400030
Pottsville, Pennsylvania )
)
NOTICE OF VIOLATION
Released: February 14, 2012
By the Acting 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 Curran Communications, Inc. (Curran),
licensee of AM Station WPAM in Pottsville, Pennsylvania. This Notice
may be combined with a further action, if further action is warranted.
2. On August 10, 2011, agents of the Commission's Philadelphia Office
inspected AM Station WPAM in Pottsville, Pennsylvania and observed the
following violations:
a. 47 C.F.R. S: 11.61(b): "Tests of EAS Procedures. Entries shall be
made in EAS Participant records, as specified in 11.35(a) and
11.54(b)(13)." At the time of inspection, Curran was only able to
provide the EAS logs for the period between May 23, 2011 and June 27,
2011. Curran stated that it did not have any other EAS logs
available.
b. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
Class A TV station, except licensees of Class D non-commercial
educational FM stations authorized to operate with 10 watts or less
output power, must make equipment performance measurements for each
main transmitter as follows: Annually, for AM stations, with not more
than 14 months between measurements." Station WPAM did not have any
equipment performance measurements available at the time of
inspection.
c. 47 C.F.R. S: 73.1201(a)(2): "Broadcast station identification
announcements shall be made: Hourly, as close to the hour as
feasible, at a natural breaks in program offerings..." Curran failed
to conduct required station identification on station WPAM on the
hours of 12:00 PM and 2:00 PM on August 10, 2011.
d. 47 C.F.R. S: 73.1201(b)(1): "Official station identification shall
consist of the station's call letters immediately followed by the
community or communities specified in its license as the station's
location; Provided, that the name of the licensee or the station's
frequency or channel number, or both, as stated on the station's
license may be inserted between the call letters and station
location...." At the time of inspection, WPAM's station
identification track, used for their station identification, did not
include the station's community of license.
e. 47 C.F.R. S: 73.1560(d): "Reduced power operation. In the event it
becomes technically impossible to operate at authorized power, a
broadcast station may operate at reduced power for a period of not
more than 30 days without specific authority from the FCC. If
operation at reduced power will exceed 10 consecutive days,
notification must be made to the FCC in Washington, DC, Attention:
Audio Division (radio) or Video Division (television), Media Bureau,
not later than the 10th day of the lower power operation. In the
event that normal power is restored within the 30 day period, the
licensee must notify the FCC of the date that normal operation was
restored. If causes beyond the control of the licensee prevent
restoration of the authorized power within 30 days, a request for
Special Temporary Authority (see S: 73.1635) must be made to the FCC
in Washington, DC for additional time as may be necessary." Although
WPAM is authorized to operate with 1000 watts of power, at the time
of inspection, WPAM was operating at 500 watts, or 50% of its
authorized power. Curran stated that it was operating at reduced
power because of an equipment malfunction and admitted that it had
not notified the Commission or filed for Special Temporary Authority.
f. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by S: 73.1820. This log shall be kept by
station employees competent to do so, having actual knowledge of the
facts required. All entries, whether required or not by the
provisions of this part, must accurately reflect the station
operation. Any employee making a log entry shall sign the log,
thereby attesting to the fact that the entry, or any correction or
addition made thereto, is an accurate representation of what
transpired." At the time of inspection, Curran was unable to provide
the agents with a station log for WPAM and admitted that they did not
maintain a station log.
g. 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. Agreements with chief operators serving on a
contract basis must be in writing with a copy kept in the station
files." At the time of inspection, there was no written designation
of a 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, Curran 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
Curran 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 Curran Communications, Inc. with
personal knowledge of the representations provided in Curran
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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Curran 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
David C. Dombrowski
Acting 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: 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