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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
SN RADIO, LLC ) File No. EB-FIELDSCR-13-00007955
Licensee of Station WGNC )
) NOV No. V201332480011
Gastonia, NC )
) Facility ID: 35657
NOTICE OF VIOLATION
Released: April 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 SN RADIO, LLC, licensee of
radio station WGNC serving Gastonia, North Carolina. 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 March 29, 2013, an agent of the Enforcement Bureau's Atlanta Office
inspected Station WGNC located at Shelby, North Carolina and observed
the following violations:
a. 47 C.F.R S 73.3526(e)(12): "For commercial AM and FM broadcast
stations, every three months a list of programs that 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 lists described in this paragraph shall be retained in the public
inspection file until final action has been taken on the station's
next license renewal application." During the inspection during
regular business hours, Station WGNC's public inspection file was
missing four issues programs lists, first, second, third, and fourth
quarters of 2012.
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, SN RADIO, LLC 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 the SN RADIO,
LLC to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of SN RADIO, LLC with personal knowledge of the
representations provided in SN RADIO, LLC'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
regulatee'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
Atlanta Office
3575 Koger Blvd Ste 320
Duluth, Georgia, 30096
6. This Notice shall be sent to SN RADIO, LLC 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
Douglas Miller
District Director
Atlanta 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