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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dickey Broadcasting Company ) File No.: EB-FIELDSCR-13-00006891
Licensee of Radio Station WCNN ) NOV No.: V201332480005
North Atlanta, GA ) Facility ID Nos.: 56389, 72066, 1098
)
Licensee of Radio Station WFOM )
Marietta, GA )
)
Licensee of Radio Station WIFN )
Atlanta, GA )
)
NOTICE OF VIOLATION
Released: March 8, 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 Dickey Broadcasting Company,
licensee of Stations WCNN, WFOM, and WIFN, located in North Atlanta,
Marietta, and Atlanta, Georgia, respectively. 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 February 21, 2013, agents of the Enforcement Bureau's Atlanta
Office inspected the main studio of Stations WCNN, WFOM, and WIFN,
located at 780 Johnson Ferry Road NE, Atlanta, Georgia, and observed
the following violation(s):
a. 47 C.F.R. S 11.52(d)(1) "With respect to monitoring for EAS messages
that are formatted in accordance with the EAS Protocol, 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 the inspection, Stations WCNN, WFOM, and WIFN were monitoring
only one EAS source.
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, Dickey Broadcasting Company 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 Dickey
Broadcasting Company to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of Dickey Broadcasting Company with personal
knowledge of the representations provided in Dickey Broadcasting
Company'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.^
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 Dickey Broadcasting Company at its
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
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Federal Communications Commission