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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Prestige Communications Inc. ) File No.: EB-FIELDNER-12-00004499
Licensee of Station WLRB )
Facility ID # 60017 ) NOV No.: V201332320002
Macomb, IL )
NOTICE OF VIOLATION
Released: October 9, 2012
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules)to Prestige Communications Inc.,
licensee of AM Station WLRB in Macomb, Illinois. Pursuant to Section
1.89(a) of the Rules, issuance of this Notice does not preclude the
Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violations noted
herein.
2. On September 18, 2012, an agent of the Enforcement Bureau's Chicago
Office inspected Station WLRB located at Macomb, Illinois, and
observed the following violations:
a. 47 C.F.R. S: 73.1590: "(a) The licensee of each AM . . . station . . .
must make equipment performance measurements for each main transmitter
as follows: . . . (6) Annually, for AM stations, with not more than 14
months between measurements." At the time of the inspection, there was
no copy of the equipment performance measurements for Station WLRB
evidenced.
b. 47 C.F.R. S: 73.1820(a): " . . . The following information must be
entered: . . . (1)(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 a part of the station log."
At the time of inspection, there was no log of each test and
activation of the Emergency Alert System for June, July, and August
2012.
c. 47 C.F.R. S: 73.1870: "(a) The licensee of each AM, FM, TV or Class A
TV broadcast station must designate a person to serve as the station's
chief operator. . . . (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 inspection, there was no written
designation of a chief operator for Station WLRB.
d. 47 C.F.R. S: 73.3526(e): "Contents of the file. The material to be
retained in the public inspection file is as follows: . . . (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."
At the time of the inspection, the public file was missing the radio
issues/programs lists for the 4th Quarter of 2011 and 1st and 2nd
Quarters of 2012.
3. Pursuant to Section 308(b) 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,
Prestige 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 actions. 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 Prestige
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 Prestige Communications Inc., with personal
knowledge of the representations provided in the Prestige
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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Prestige 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
James M. Roop
District Director
Chicago 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: 308(b).
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
3
Federal Communications Commission