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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Educational Media Foundation ) File No. EB-FIELDNER-12-00005125
Licensee of Station W228CJ )
Facility ID # 148674 ) NOV No. V201332360007
Detroit, Michigan )
)
NOTICE OF VIOLATION
Released: November 15, 2012
By the District Director, Detroit 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 Educational Media Foundation,
licensee of Translator Station W228CJ in Detroit, Michigan. 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 noted herein.
2. On October 31, 2012, an agent of the Enforcement Bureau's Detroit
Office inspected Station W228CJ located in Detroit, Michigan, and
observed the following violation:
47 C.F.R. S: Section 74.1265(b): "The call sign of the translator or
booster together with the name, address, and telephone number of the
licensee of the licensee or local representative of the licensee if the
licensee does not reside in the community served by the translator or
booster, and the name and address of a person and place where the station
records are maintained, shall be displayed at the translator or booster
site on the structure supporting the transmitting antenna, so as to be
visible to a person standing on the ground at the transmitter site. The
display shall be prepared so as to withstand normal weathering for a
reasonable period of time and shall be maintained in a legible condition
by the licensee." At the time of inspection, no signage with the required
information was posted at the transmitter site for W228CJ. Signage was
posted for a non-existent translator station, W256AY.
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,
Educational Media Foundation 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 Educational
Media Foundation to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Educational Media Foundation with personal
knowledge of the representations provided in Educational Media
Foundation 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
Detroit Office
24897 Hathaway Street
Farmington Hills, Michigan, 48335
6. This Notice shall be sent to Educational Media Foundation 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 A. Bridgewater
District Director
Detroit 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