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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Spread the Gospel, Inc. ) File No.  EB-FIELDNER-12-00004339

   Licensee of Station WEHA )

   Facility ID # 87809 ) NOV No. V201332400001

   Port Republic, New Jersey )


                              NOTICE OF VIOLATION

   Released: November 19, 2012

   By the District Director, Philadelphia 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 Spread the Gospel, Inc., licensee
       of FM Station WEHA in Port Republic, New Jersey. 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 violations noted

    2. On September 11, 2012, agents of the Enforcement Bureau's Philadelphia
       Office inspected Station WEHA located at 3028 Fire Road, Egg Harbor
       Township, New Jersey, and observed the following violations:

     a. 47 C.F.R. S: 11.52(d)(1): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        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 inspection, WEHA was not
        monitoring the correct EAS sources as specified in the New Jersey
        State EAS Plan. 

     b. 47 C.F.R. S: 11.35(a): "...EAS Participants must determine the cause
        of any failure to receive the required tests or activations specified
        in S: 11.61(a)(1) and (2). Appropriate entries indicating reasons why
        any tests were not received must be made in the broadcast station log
        as specified in S:S: 73.1820 and 73.1840 of this chapter for all
        broadcast streams... " At the time of inspection, Spread the Gospel,
        Inc. failed to make entries in the WEHA station logs indicating why
        it had not received any EAS tests for the past 23 months. The logs
        only indicated that required weekly tests were being transmitted.

     c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
        completion of...Review of the station records at least once each week
        to determine if required entries are being made correctly.
        Additionally, verification must be made that the station has been
        operated as required by the rules or the station authorization. Upon
        completion of the review, the chief operator or his designee must
        date and sign the log, initiate any corrective action which may be
        necessary, and advise the station licensee of any condition which is
        repetitive."  At the time of inspection, there was no evidence that
        the chief operator was signing and dating the station logs.

     d. 47 C.F.R. S: 73.1350(b)(2): "The transmitter control personnel must
        have the capability to turn the transmitter off at all times. If the
        personnel are at a remote location, the control system must provide
        this capability continuously or must include an alternate method of
        acquiring control that can satisfy the requirement of paragraph (e)
        of this section that operation be terminated within three minutes."
        At the time of inspection, Spread the Gospel, Inc.'s system used to
        remotely control the operation of the transmitter was inoperative. 

     e. 47 C.F.R. S: 73.1350(c)(1): "Monitoring procedures and schedules must
        enable the licensee to determine compliance with S: 73.1560 regarding
        operating power and AM station mode of operation, S: 73.1570
        regarding modulation levels, and, where applicable, S: 73.1213
        regarding antenna tower lighting, and S: 73.69 regarding the
        parameters of an AM directional antenna system." At the time of
        inspection, Spread the Gospel, Inc. had no established monitoring
        procedures and schedules to check for operating power levels or
        modulation levels.

     f. 47 C.F.R. S: 73.1560(b): "Except as provided in paragraph (d) of this
        section, the transmitter output power of an FM station, with power
        output as determined by the procedures specified in S: 73.267, which
        is authorized for output power more than 10 watts must be maintained
        as near as practicable to the authorized transmitter output power and
        may not be less than 90% nor more than 105% of the authorized
        power..." At the time of inspection, the output power of Station WEHA
        was 761 Watts, which is 117% of the authorized power.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.

    4. 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,
       Spread the Gospel, 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.

    5. In accordance with Section 1.16 of the Rules, we direct Spread the
       Gospel, 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 Spread the Gospel, Inc. with personal knowledge
       of the representations provided in Spread the Gospel, 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.

    6. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    7. This Notice shall be sent to Spread the Gospel, Inc. at its address of

    8. 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.


   David C. Dombrowski

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   According to the New Jersey State EAS Plan, WEHA should monitor State
   Primary Station WFPG on 96.9 MHz and either WABC 770 kHz or New York
   Public Radio FM radio station (formerly New Jersey Network stations).

   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


                       Federal Communications Commission