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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wings Communications, Inc. ) File No. EB-11-TP-0134 Licensee of Broadcast
Station WELE ) NOV No. V20123270001
Ormond Beach, Florida ) Facility ID 72937
NOTICE OF VIOLATION
Released: February 13, 2012
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules, to Wings Communications, Inc., licensee of
AM Station WELE, Ormond Beach, Florida.
2. On December 15, 2011, agents of the Enforcement Bureau's Tampa Office
(Tampa Office) inspected Station WELE located in Ormond Beach,
Florida, 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 ..." At the time of the inspection, Station WELE was monitoring
two LP2 sources, rather than the LP1 and LP2 stations assigned in
the Florida State EAS Plan.
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." At the time of the inspection on December 15, 2011, the
last Equipment Performance Measurements for the station were performed on
October 9, 2009.
c. 47 C. F. R. S: 73.1840(a): "Any log required to be kept by station
licensees shall be retained by them for a period of 2 years." At the
time of the inspection on December 15, 2011, the logs for the year
2010 were not available.
d. 47 C. F. R. S: 73.1870(c)(3): "The chief operator is responsible for
completion of the following duties specified in this paragraph below.
When these duties are delegated to other persons, the chief operator
shall maintain supervisory oversight sufficient to know that each
requirement has been fulfilled in a timely and correct manner."...
"(3) Review of the station records at least once each week to
determine if required entries are being made correctly. Additionally,
verification must be made that the station has been operated as
required by the rules or the station authorization. Upon completion
of the review, the chief operator or his designee must date and sign
the log, initiate any corrective action which may be necessary, and
advise the station licensee of any condition which is repetitive." At
the time of the inspection on December 15, 2011, the Chief Operator
was not signing the station logs.
e. 47 C. F. R. S: 73.3526(e)12:.."Radio issues/programs lists. For
commercial AM and FM broadcast stations, every three months a list of
programs that have provided the station's most significant treatment
of community issues during the preceding three month period. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter (e.g., January 10 for the quarter
October-December, April 10 for the quarter January-March, etc.)." At
the time of the inspection on December 15, 2011, several of the
Issues Programs listings were not available in the station's public
inspection file.
3. 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, Wings Communications, Inc. must
submit a written statement concerning this matter within twenty (20)
calendar 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
Wings 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 Wings Communications, Inc. with personal
knowledge of the representations provided in Wings Communications,
Inc. 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
Tampa Field Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, FL 33607-5744
6. This Notice shall be sent to Wings 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
Ralph M. Barlow
District Director
Tampa District Office
South Central 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