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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WNAP, Inc. ) File No. EB-FIELDNER-12-00005810
Licensee of Station WNAP )
Facility ID # 73313 )
Norristown, Pennsylvania ) NOV No. V201332400015
)
)
)
NOTICE OF VIOLATION
Released: January 24, 2013
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 WNAP, Inc., licensee of AM
Station WNAP in Norristown, 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 violation noted herein.
2. On December 5, 2012, in response to a complaint, agents of the
Enforcement Bureau's Philadelphia Office monitored Station WNAP
located at 2311 Old Arch Road in Norristown, Pennsylvania, and
observed the following violation:
47 C.F.R. S: 73.1560(a)(1): "Except as provided for in paragraph (d) of
this section, the antenna input power of an AM station as determined by
the procedures specified in S: 73.51 must be maintained as near as is
practicable to the authorized antenna input power and may not be less than
90% nor more than 105% of the authorized power." According to the
Post-Sunset Authority granted by the Commission, Station WNAP is
authorized to operate at 22.1 watts during its post-sunset period (4:30
p.m.-5:15 p.m. Non-Advanced Standard Time) in the month of December.
However, on December 5, 2012, WNAP was transmitting during its post-sunset
period at a power level of 124 watts, or 561 percent of its authorized
power.
3. 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 violation and any remedial actions taken. Therefore,
WNAP, 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.
4. In accordance with Section 1.16 of the Rules, we direct WNAP, 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
WNAP, Inc. with personal knowledge of the representations provided in
WNAP, 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. 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 WNAP, 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
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).
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
3
Federal Communications Commission