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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Teresa Esquivel ) File No.: EB-FIELDSCR-13-00006575
Licensee of Station WPLO ) NOV No.: V201332480002
Grayson, Georgia ) Facility ID: 8066
)
NOTICE OF VIOLATION
Released: February 15, 2013
By the District Director, Atlanta 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 Teresa Esquivel, licensee of
radio station WPLO in Grayson, Georgia. 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. On February 7, 2013, an agent of the Enforcement Bureau's Atlanta
Office inspected Station WPLO's main studio located at 239 Ezzard
Street, Lawrenceville, Georgia and observed the following violation:
a. 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..." At the time of inspection, Station WPLO
did not have the required CAP-formatted EAS equipment.
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 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,
Teresa Esquivel 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 Teresa
Esquivel to support her response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Teresa Esquivel with personal knowledge of the
representations provided in her 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
Atlanta Office
3575 Koger Blvd., Suite 320
Duluth, GA 30096
7. This Notice shall be sent to Teresa Esquivel at her 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
Douglas G. Miller
District Director
Atlanta 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: 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