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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
ZGS Raleigh Inc. ) File No. EB-FIELDSCR-13-00007237
Licensee of Radio Station WZGS-CA )
Facility ID # 41095 ) NOV No. V201332640001
Raleigh North Carolina )
NOTICE OF VIOLATION
Released: April 8, 2013
By the Resident Agent Norfolk 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 ZGS RALEIGH INC (ZGS) licensee
of television station WZGS-CA, Raleigh, 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. The FCC issued a license to ZGS authorizing Class A television
transmissions to the community of Raleigh North Carolina on channel 44
(650 - 656 MHz). The license authorizes ZGS to operate with the
transmitter used under a previous LPTV license provided such operation
does not cause interference.^ The license explicitly requires ZGS to
operate in compliance with Low Power Television (LPTV) Rule Section
74.750,^ and the station use an FCC authorized transmitter.^
3. On January 30, 2013, agents of the Commission's Norfolk Office
inspected WZGS-CA located at 6107 Chapel Hill Road and observed the
following violation(s):
a. 47 C.F.R. S 74.750(c)(2)(iii). ". . . All other emissions appearing on
frequencies more than 3 megacycles above or below the upper and lower
edges, respectively, of the assigned channel shall be attenuated no less
than: . . . (iii) 60 dB for transmitters rated at more than 100 watts
power output." Station WZGS-CA operated with more than 100W of power while
energy observed from the station transmitter more than 3MHz removed from
the assigned channel was attenuated less than 60dB. Insufficient
attenuation contributed to interference to Part 27 Miscellaneous Wireless
Communications Services. Agents from the Norfolk Office conducted on/off
testing with ZGS and confirmed that Station WZGS-CA was the source of the
interference.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, ZGS, must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response must fully explain each violation, must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line for
completion of pending corrective action(s). In addition, the response
must provide evidence that WZGS is operating with authorized
equipment, the WZGS transmission system meets applicable attenuation
requirements, and it has acted to correct the interference.^ The
response must be complete in itself and signed by a principal or
officer of the ZGS. 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
Norfolk Office
1457 Mt Pleasant Rd Ste 113
Chesapeake VA 23322
5. This Notice shall be sent to ZGS at its address of record.
6. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.^
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ See 47 C.F.R. S 73.6024(b). "A Class A TV station may continue to
operate with the transmitter operated under its previous LPTV license
provided such operation does not cause any condition of uncorrectable
interference... due to radiation of radio frequency energy outside of the
assigned channel. Such operation must continue to meet the requirements of
SS 74.736 and 74.750 of this chapter."
^ See FCC Class A Broadcast Station License BLTTA-20090127ACI.
^ 47 C.F.R. S 74.750(a).
^ 47 U.S.C. S 308(b).
^ See 47 C.F.R. SS 2.955, 74.750(c)(2)(iii).
^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).
^ 18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission