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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Northeast Gospel Broadcasting, Inc. ) File No. EB-FIELDNER-12-00005658
Licensee of Radio Station WNGN )
Facility ID # 11120 ) NOV No. V201332380002
Argyle, NY )
Licensee of Radio Station WNGG )
Facility ID # 172195 )
Gloversville, NY )
Licensee of Radio Station WVVC-FM )
Facility ID # 171935 )
Dolgeville, NY )
Licensee of LPTV Station WVVC-LD )
Facility ID # 60869 )
Utica, NY )
)
)
NOTICE OF VIOLATION
Released: Dec. 12, 2012
By the Acting District Director, New York 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 Northeast Gospel Broadcasting,
Inc. (Northeast), licensee of (1) FM Stations WNGN, Argyle New York;
WNGG; Gloversville, New York,; WVVC-FM, Dolgeville, New York and (2)
Low Power TV (LPTV) Station WVVC-LD, Utica, New York. 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. An agent of the Enforcement Bureau's New York Office conducted an
inspection at (1) the main studio for Station WNGN at 65 King Street
in Buskirk, New York on October 29, 2012 and (2) the co-located main
studio for Stations WNGG, WVVC-FM, and WVVC-LD at 1017 Higby Road in
New Hartford, New York, on October 31, 2012, and observed the
following violation for each of the stations:
47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant records,
as specified in Sections 11.35(a) and 11.54(b)(13)." Although the
stations' EAS equipment was operational, the stations did not have any EAS
logs for the year 2012.
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. 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, Northeast 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 Northeast to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Northeast with personal knowledge of the representations provided in
Northeast 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
New York Office
201 Varick Street
Suite # 1151
New York, NY 10014-7046
6. This Notice shall be sent to Northeast 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
Gary Barker
Acting District Director
New York 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
2
Federal Communications Commission