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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
L. Stanley Wall ) Case No. EB-FIELDNER-12-00005005
Licensee of AM Station WQTW )
Facility ID # 36115 ) NOV No. V201332400008
Latrobe, Pennsylvania )
)
NOTICE OF VIOLATION
Released: November 28, 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 L. Stanley Wall, licensee of AM
Station WQTW in Latrobe, Pennsylvania. 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 October 11, 2012, agents of the Enforcement Bureau's Philadelphia
Office inspected Station WQTW located at 2532 Springfield Pike,
Connellsville, Pennsylvania, and observed the following violations:
a. 47 C.F.R. S: 73.1125(a): "Each AM, FM and TV broadcast station shall
maintain a main studio..." The Commission has interpreted Section
73.1125 (also known as the "Main Studio Rule") to require, among
other things, that a licensee maintain a "meaningful management and
staff presence" at its main studio. Specifically, the Commission has
found that a main studio "must, at a minimum, maintain full-time
managerial and full-time staff personnel." Although management
personnel need not be "chained to their desks" during normal business
hours, they must "report to work at the main studio on a daily basis,
spend a substantial amount of time there and...use the studio as a
"home base." At the time of the inspection, there were no station
personnel present at the main studio to facilitate an FCC inspection
or to provide public access.
b. 47 C.F.R. S: 73.3526(e)(5): "...Every permittee or licensee of an AM,
FM, TV or Class A TV station in the commercial broadcast services
shall maintain a public inspection file containing...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. These materials
shall be retained until a new, complete ownership report is filed
with the FCC, at which time a copy of the new report and any related
materials shall be placed in the file." At the time of the
inspection, the current ownership report was not in the Station
WQTW's public inspection file.
c. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and
receiving equipment, and Intermediate Devices used as part of the EAS
to decode and/or encode messages formatted in the EAS Protocol and/or
the Common Alerting Protocol are installed so that the monitoring and
transmitting functions are available during the times the stations
and systems are in operation. Additionally, 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 the
inspection, Station WQTW did not have EAS equipment capable of
receiving messages formatted with the Common Alerting Protocol.
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. Pursuant
to Section 308(b) of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
L. Stanley Wall, 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 L. Stanley
Wall to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of L. Stanley Wall with personal knowledge of the
representations provided in L. Stanley Wall 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to L. Stanley Wall at his 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
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).
Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
Main Studio and Program Origination Rules for Radio and Television
Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
(1988) ("Main Studio and Program Origination Rules"), erratum issued, 3
FCC Rcd 5717 (1988) (correcting language in n.29).
See Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order,
6 FCC Rcd 3615, 3616 & n.2 (1991) ("Jones Eastern") (noting that, "This
is not to say that the same staff person and manager must be assigned
full-time to the main studio. Rather, there must be management and staff
presence on a full-time basis during normal business hours to be
considered `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992) ("Jones
Eastern II"). See also Birach Broadcasting Corporation, Notice of Apparent
Liability, 25 FCC Rcd 2635 (Enf. Bur. 2010).
Jones Eastern II, 7 FCC Rcd at 6802.
47 U.S.C. S: 308(b).
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's 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