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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Oxford Media Group, Inc. ) File No.: EB-FIELDNER-12-00005753
Licensee of TV Station WJYS-DT )
Facility ID #32334 ) NOV No.: V201332320004
Hammond, IN )
NOTICE OF VIOLATION
Released: February 20, 2013
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules^ to Oxford Media Group, Inc. (Oxford Media),
licensee of TV Station WJYS-DT in Hammond, Indiana. Pursuant to
Section 1.89(a) of the Rules, issuance of this Notice 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 December 6, 2012, an agent of the Commission's Chicago Office
inspected Station WJYS-DT at its main studio at 18600 South Oak Park
Avenue, Tinley Park, Illinois, and observed the following violations:
a. 47 C.F.R S 11.61(b): "Entries shall be made in EAS Participant records,
as specified in SS 11.35(a) ...." At the time of the inspection, there
were no entries in the station log concerning EAS tests sent and received
during the last three weeks in August 2012 and tests sent during the last
two weeks of November 2012.
b. 47 C.F.R. S 73.1870 (b)(3): "The designation of the chief operator must
be in writing with a copy of the designation posted with the station
license." At the time of inspection, a copy of the written designation for
the chief operator was not posted with the station license or made
available to the FCC agent.
c. 47 C.F.R. S 73.1870 (c)(3): "Review of the station records at least
once each week to determine if required entries are being made correctly.
Additionally, verification must be made that the station has been operated
as required by the rules or the station authorization. Upon completion of
the review, the chief operator or his designee must date and sign the log,
initiate any corrective action which may be necessary, and advise the
station licensee of any condition which is repetitive." At the time of
inspection, there was no indication that the chief operator had signed the
station log.
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 violations and any remedial actions taken.
Therefore, Oxford Media 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 Oxford Media
to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Oxford Media with personal knowledge of the
representations provided in Oxford Media'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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Oxford Media Group 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
James M. Roop
District Director
Chicago 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 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