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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Hye Cha Kim ) File No.: EB-12-AT-0001
Licensee of Radio Station WDGR(AM) ) NOV No. V201232480008
) Facility ID No.: 24459
Dahlonega, GA )
)
)
NOTICE OF VIOLATION
Released: August 1, 2012
By the District Director, Atlanta Office, South Central, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Hye Cha Kim, licensee of AM radio
station WDGR, located at Dahlonega, GA.
2. On January 5, 2012 and January 11, 2012, agents of the Commission's
Atlanta Office monitored radio station WDGR and observed the
following violation:
a. 47 C.F.R. S: 73.1545(a): "AM stations. The departure of the carrier
frequency for monophonic transmissions or center frequency for
stereophonic transmissions may not exceed +/- 20 Hz from the assigned
frequency." The agents determined that WDGR's frequency was 1210.408
KHz, 388 Hz above tolerance.
3. On January 17, 2012 an agent of the Commission's Atlanta Office
inspected radio station WDGR, Dahlonega, GA. and observed the
following violation:
a. 47 C.F.R. S: 73.1870(a): "The licensee of each AM...broadcast station
must designate a person to serve as the station's chief
operator...The designation of the chief operator must be in writing
with a copy of the designation posted with the station license."
There was no written designation of chief operator at the station.
b. 47 C.F.R. S: 73.3526(e)(8), (e)(12), : "Contents of the file. The
material[s] to be retained in the public inspection file [are]...(8)
The public and broadcasting. At all times, a copy of the most recent
version of the manual entitled "The Public and Broadcasting... (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.). The list shall include a brief
narrative describing what issues were given significant treatment and
the programming that provided this treatment. The description of the
programs shall include, but shall not be limited to, the time, date,
duration, and title of each program in which the issue was treated."
The public file was missing "The Public and Broadcasting" and the
radio issues/programs lists for the 4th Quarter 2011.
c. 47 C.F.R. S: 73.1590(d): "Equipment Performance Measurements - The
data required by paragraphs (b) and (c) of this section, together
with a description of the equipment and procedures used in making the
measurements, signed and dated by the qualified person(s) making the
measurements, must be kept on file at the transmitter or remote
control point for a period of 2 years, and on request must be made
available during that time to duly authorized representatives of the
FCC." The latest equipment performance measurements for Station WDGR
were not available at the time of the inspection.
d. 47 C.F.R. S: 11.35(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." During the inspection, the chief operator
stated that the operational EAS equipment had been recently replaced,
but the date of the removal of the prior EAS equipment was not listed
in any log.
e. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
a station log as required by Section 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 the inspection, there was no station log
of WDGR's operations.
f. 47 C.F.R. S: 73.1230(a): "The station license and any other
instrument of station authorization shall be posted in a conspicuous
place and in such a manner that all terms are visible at the place
the licensee considers to be the principal control point of the
transmitter." There was no copy of the current station license at the
station.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, Hye Cha Kim, 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 a principal or officer of the
licensee. 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
Atlanta Office
3575 Koger Blvd., Suite 320
Duluth, GA 30096
5. This Notice shall be sent to Hye Cha Kim at her address of record.
6. 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
Douglas G. Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau
cc: Jeffrey L. Timmons, ESQ
47 C.F.R. S: 1.89.
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