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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Wagenvoord Advertising Group, Inc.
Licensee of Radio Station KLRG-AM ) File No.: EB-FIELDSCR-12-00005577
) NOV No.: V201332620005
)
Sheridan, Arkansas )
NOTICE OF VIOLATION
Released: December 11, 2012
By the District Director, New Orleans Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Wagenvoord Advertising Group,
Inc., licensee of Station KLRG-AM in Sheridan, Arkansas. 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 November 29, 2012, an agent of the Commission's New Orleans Office
inspected Station KLRG-AM 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, Station
KLRG-AM was only monitoring one EAS source.
b. 47 C.F.R. S: 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
participants must have deployed operational equipment that is capable
of the following: (1) Acquiring EAS alert messages in accordance with
the monitoring requirements in S: 11.52(d)(2); (2) Converting EAS
alert messages that have been formatted pursuant to the Organization
for the Advancement of Structured Information Standar4ds (OASIS)
Common Alerting Protocol..." During the inspection conducted on
November 29, 2012, KLRG-AM did not have the required CAP-formatted
EAS equipment.
c. 47C.F.R. S: 73.1740(a)(1): All commercial broadcast stations are
required to operate not less than the following minimum hours: AM and
FM stations. Two-thirds of the total hours they are authorized to
operate between 6a.m. and 6 p.m. and midnight, local time, each day
of the week except Sunday." At the time of inspection, Station
KLRG-AM's engineer and Manager admitted the station had not operated
at night for at least the last two weeks.
3. Pursuant to Section 403 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
Wagenvoord Advertising Group, Inc must submit a written statement
concerning this matter within ten (10) 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 Wagenvoord
Advertising Group, 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 Wagenvoord Advertising Group, Inc. with
personal knowledge of the representations provided in Wagenvoord
Advertising Groups, Inc.'s 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.EB-FIELDSCR-12-00005577 and NOV No. V201332620005
specified above, and mailed to the following address:
Federal Communications Commission
New Orleans Office
2424 Edenborn Ave., Suite 460
Metairie, Louisiana 70001
6. This Notice shall be sent via certified, return receipt requested, and
first class mail to Wagenvoord Advertising Group, Inc. 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
Walter Gernon
District Director
New Orleans District Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
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