Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   M. J. Phillips Communications Inc. ) File No.: EB-FIELDNER-13-00007256

   Licensee of AM Station WJJL )

   Facility ID # 39517 )

   Licensee of STL Station WHB714 ) NOV No.: V201332400021

   Registrant of Antenna Structure Number 1245343 )

   Niagara Falls, New York )


                              NOTICE OF VIOLATION

   Released: March 25, 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 M. J. Phillips Communications,
       Inc (Phillips), licensee of AM Station WJJL and Aural Studio
       Transmitter Link (STL) Station WHB714 and registrant of antenna
       structure number 1245343 in Niagara Falls, New York. 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 violations noted herein.^

    2. On March 6, 2013 and March 7, 2013, agents of the Enforcement Bureau's
       Philadelphia Office inspected the main studio of AM Station WJJL
       located in West Seneca, New York and antenna structure number 1245343
       in Niagara Falls, New York and observed the following violations:

     a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
        be used and operated only in accordance with the rules applicable to
        their particular service as set forth in this title and with a valid
        authorization granted by the Commission under the provisions of this
        part..." At the time of the inspection, Phillips was operating an STL
        on the unauthorized frequency 947.0 MHz from the unauthorized
        location of 976-B Union Road, West Seneca, New York. The license for
        Station WHB714 only authorizes Phillips to operate the STL on the
        frequency 947.5 MHz at 1224 Main Street, Niagara Falls, New York.

     b. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol (CAP) are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in S11.61(a)(1) and (2).
        Appropriate entries indicating reasons why any tests were not
        received must be made in the broadcast station log as specified in
        SS73.1820 and 73.1840 of this chapter for all broadcast streams..."
        At the time of inspection, WJJL did not have records to indicate
        their equipment was receiving tests formatted with the Common
        Alerting Protocol (CAP). Additionally, there were no records to
        determine the cause of failure to receive any CAP message.

     c. 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 ... are specified in the State EAS Plan and
        FCC Mapbook." At the time of inspection, Phillips was not monitoring
        WBUF (92.9 MHz) as required by the New York State EAS Plan.^

     d. 47 C.F.R. S 73.1350(a): "Each licensee is responsible for maintaining
        and operating its broadcast station in a manner ... in accordance
        with the terms of the station authorization." Phillips was operating
        Station WJJL from an unauthorized location.^

     e. 47 C.F.R. S 73.1820(a)(1)(iii): "Entries must be made in the station
        log...of each test and activation of the Emergency Alert System (EAS)
        pursuant to the requirement of part 11 of this chapter and the EAS
        Operating Handbook." At the time of the inspection, there were no
        logs of the Required Weekly Tests and Required Monthly Tests

     f. 47 C.F.R. S 73.1870(a)(3): "The designation of the chief operator
        must be in writing with a copy of the designation posted with the
        station license. Agreements with chief operators serving on a
        contract basis must be in writing with a copy kept in the station
        files." At the time of the inspection, Phillips had not made the
        designation of the chief operator in writing.

     g. 47 C.F.R. S 73.3526(e)(12): The material[s] to be retained in the
        public inspection file [are]... Radio issues/programs lists. For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter (e.g., January 10 for the quarter
        October-December, April 10 for the quarter January-March, etc.). The
        list shall include a brief narrative describing what issues were
        given significant treatment and the programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to, the time, date, duration, and title of each
        program in which the issue was treated..." The WJJL issues program
        lists did not include descriptions that specified the time, date, and
        duration of the program and include narratives describing the
        community issues given significant treatment.

     h. 47 C.F.R. S 17.4(g): "The Antenna Structure Registration Number must
        be displayed in a conspicuous place so that it is readily visible
        near the base of the antenna structure. Materials used to display the
        Antenna Structure Registration Number must be weather-resistant and
        of sufficient size to be easily seen at the base of the antenna
        structure." At the time of inspection, the agent observed that the
        posted antenna structure registration number was faded and

     i. 47 C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: Shall make an observation of
        the antenna structure's lights at least once each 24 hours either
        visually or by observing an automatic properly maintained indicator
        designed to register any failure of such lights, to insure that all
        such lights are functioning properly as required; or alternatively,
        (2) Shall provide and properly maintain an automatic alarm system
        designed to detect any failure of such lights and to provide
        indication of such failure to the owner." According to WJJL's
        representative, the antenna structure was not equipped with an
        automatic monitoring system, and observations of the structure's
        lights were not being made once every 24 hours.

     j. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." At the time of the inspection, the agent observed
        that the white paint on the structure was faded and flaking.

     k. 47 C.F.R. S 17.57: "The owner must also immediately notify the
        Commission using FCC Form 854 upon any change in structure height or
        change in ownership information." The Commission's Antenna Structure
        Registration database incorrectly specifies the owner of antenna
        structure number 1245343 as M. J. Phillips Communications Inc Debtor
        In Possession and specifies an incorrect mailing address for

    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 regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees.

    4. Pursuant to Sections 308(b) and 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, Phillips 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 Phillips to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Phillips with personal knowledge of the representations provided in
       Phillips' 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

   Philadelphia Office

   One Oxford valley Building, Suite 404

   230 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    7. This Notice shall be sent to M. J. Phillips Communications Inc. 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.


   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).

   ^ According to the NY State EAS Plan, WJJL must monitor WWKB (1520 kHz)
   and WBUF (92.9 MHz) for EAS activations. At the time of the inspection,
   WJJL was monitoring WBEN and WWKB.

   ^ Phillips was operating Station WJJL at the coordinates 43^o 04' 52"
   North Latitude 079^o 00' 59" West Longitude. The authorized transmitter
   site specified on the WJJL license (BL-840412AE) is 43^o 04' 43" North
   Latitude 079^o 00' 40" West Longitude.

   ^ 47 U.S.C. SS 308(b) and 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


                       Federal Communications Commission