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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   WPGS, Inc. ) Field No.: EB-FIELDSCR-12-00003041

   Licensee of AM Radio Station WPGS ) NOV No.: V201332700001

   ) Facility ID: 73876

   Mims, FL )

                              NOTICE OF VIOLATION

   Released: October 2, 2012

   By the District Director, Tampa Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to WPGS, Inc., licensee of AM Radio
       Station WPGS in Mims, Florida. Pursuant to Section 1.89(a) of the
       Rules, issuance of this NOV does not preclude the Enforcement Bureau
       from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.

    2. On April 5, 2012, agents of the Commission's Tampa Office inspected
       the AM Station WPGS located in Titusville, Florida and observed the
       following violation(s):

     a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station, 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 the inspection, Station WPGS was not
        monitoring its assigned LP-1 source. It was found monitoring only the
        LP-2 source and the National Weather Service.

     b. 47 C.F.R. S: 73.1570(a): "The percentage of modulation is to be
        maintained at as high a level as is consistent with good quality of
        transmissions and good broadcast service, with maximum levels not to
        exceed the values specified in paragraphs (b)." At the time of the
        inspection, the modulation monitor was not functioning properly.
        There was no carrier indication. A station representative alleged
        that the unit had been struck by lightning, but could not produce
        evidence to confirm this allegation.

     c. 47 C.F.R. S: 73.1590(a)(6) "The licensee of each AM, FM, TV and Class
        A TV station...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,
        there were no logs of any transmitter readings available. The most
        current National Radio Systems Committee Standard (NRSC) measurements
        available were dated October 5, 2000.

     d. 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, WPGS, Inc. was unable to
        provide the agents from the Tampa Office with a station log for
        Station WPGS.

     e. 47 C.F.R. S: 73.1820(a)(1)(iii): "The following information must be
        entered [in the Station log]: (iii) An entry of each test and
        activation of the Emergency Alert System (EAS) pursuant to the
        requirement of part 11 of this chapter and the EAS Operating
        Handbook. Stations may keep EAS data in a special EAS log which shall
        be maintained at a convenient location: however, this log is
        considered to be part of the station log." At the time of inspection,
        there were no entries for any EAS tests or activations. There were
        also no entries stating that individual EAS tests had not been
        received or transmitted.

     f. 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." At the time of the inspection, there was no written
        designation of the chief operator.

     g. 47 C.F.R. S: 73.3526(e)(1): "Authorization - A copy of the current
        FCC authorization to construct or operate the station, as well as any
        other documents necessary to reflect any modifications thereto or any
        conditions that the FCC has placed on the authorization. These
        materials shall be retained until replaced by a new authorization, at
        which time a copy of the new authorization and any related materials
        shall be placed in the file." At the time of the inspection, no
        current authorization was available, nor was a copy of one placed in
        the Public Inspection File. The only documentation available was an
        authorization that had expired on 02/24/2004.

     h. 47 C.F.R. S: 73.3526(e)(4): " Contour maps - A copy of any service
        contour maps, submitted with any application tendered for filing with
        the FCC, together with any other information in the application
        showing service contours and/or main studio and transmitter location
        (State, county, city, street address, or other identifying
        information). These documents shall be retained for as long as they
        reflect current, accurate information regarding the station." At the
        time of the inspection, Station WPGS did not have the contour map in
        its public inspection file.

     i. 47 C.F.R. S: 73.3526(e)(5) "Ownership reports and related materials -
        A copy of the most recent, complete ownership report filed with the
        FCC for the station, together with any statements filed with the FCC
        certifying that the current report is accurate, and together with all
        related material. These materials shall be retained until a new,
        complete ownership report is filed with the FCC, at which time a copy
        of the new report and any related materials shall be placed in the
        file..." At the time of the inspection, the most recent ownership
        report was dated in 1993.

     j. 47 C.F.R. S: 73.3526(12) "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 lists described in this paragraph shall be retained in the public
        inspection file until final action has been taken on the station's
        next license renewal application." At the time of inspection, the
        agents found copies of public service announcements filed in lieu of
        the Issues Programs lists. There was no record of any Issues Programs
        Lists for any time period in the public inspection file at the time
        of the inspection.

    3. 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 violations and any remedial actions taken. Therefore,
       WPGS, 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 Rules, we direct WPGS, Inc. to
   support its response to this Notice with an affidavit or declaration under
   penalty of perjury, signed and dated by an authorized officer or
   representative of WPGS, Inc. with personal knowledge of the
   representations provided in WPGS 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

   Tampa Office

   4010 W. Boy Scout Blvd., Suite 425

   Tampa, FL 33607

    6. This Notice shall be sent to WPGS, 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.


   Ralph M. Barlow

   District Director

   Tampa District Office

   South Central 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 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


                       Federal Communications Commission