Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Onda Mexicana Radio Group, Inc. ) File No.: EB-FIELDSCR-12-00004836
Licensee of Station WWFL ) NOV No.: V201332700003
) Facility ID: 33215
Clermont, FL )
)
NOTICE OF VIOLATION
Released: October 22, 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 (Rules), to Onda Mexicana Radio Group, Inc.,
licensee of AM Station WWFL located in Clermont, 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 July 31, 2012, and August 1, 2012, agents of the Enforcement
Bureau's Tampa Office observed the following violations regarding AM
Station WWFL:
a. 47 C.F.R. S: 73.49: "Antenna towers having radio frequency potential
at the base (series fed, folded unipole, and insulated base antennas)
must be enclosed within effective locked fences or other enclosures.
Ready access must be provided to each antenna tower base for meter
reading and maintenance purposes at all times." At the time of the
inspections on July 31 and August 1, 2012, the protective property
fence's gate was unlocked and the individual tower fence gate was
also unlocked, giving ready access to the base of the antenna tower
for Station WWFL.
b. 47 C.F.R. S: 73.1125: "Station main studio location. (d) Relocation
of the main studio may be made: (1) From one point to another within
the locations described in paragraph (a) or (c) of this section, or
from a point outside the locations specified in paragraph (a) or (c)
to one within those locations, without specific FCC authority, but
notification to the FCC in Washington shall be made promptly." AM
Station WWFL failed to notify the Commission of its current main
studio location.
c. 47 C.F.R. S: 73.1590: "Equipment Performance Measurements: "(a) The
licensee of each AM, FM, TV and Class A TV station ...must make
equipment performance measurements for each main transmitter as
follows: (6) [a]nnually, for AM stations, with not more than 14
months between measurements." At the time of inspection on August 1,
2012, the equipment performance measurements could not be found, and
there was no evidence that they had been conducted within the last 14
months.
d. 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 on August 1, 2012, there
was no station log for AM Station WWFL.
e. 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." At
the time of the inspection on August 1, 2012, there was no written
designation of chief operator at the station.
f. 47 C.F.R. S: 73.3526(e)(5), (e)(12), : "Contents of the file. The
material[s] to be retained in the public inspection file [are]... (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."
Copy of the most recent, complete ownership report was not available
at the time of the inspection. (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 on August 1, 2012, the issues/programs lists were not
filed by quarter, and the station was missing issues/programs lists
for the first and second 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,
Onda Mexicana Radio Group, 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 Onda Mexicana
Radio Group, 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 Onda Mexicana Radio Group,
Inc. with personal knowledge of the representations provided in Onda
Mexicana Radio Group, 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 Office
4010 W. Boy Scout Blvd., Suite 425
Tampa, Florida, 33607
6. This Notice shall be sent to Onda Mexicana Radio Group, 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 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
2
Federal Communications Commission