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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
herein.
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
record.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission