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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Partners for Christian Media, Inc. ) File No.: EB-FIELDSCR-13-00008178
Licensee of Station WBDX )
) NOV No.: V201332480014
)
Chattanooga, TN 37412 ) Facility ID: 54445
NOTICE OF VIOLATION
Released: May 3, 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 Partners for Christian Media,
Inc. (PCMI), licensee of radio station WBDX in Chattanooga, Tennessee.
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 April 22, 2013, an agent of the Enforcement Bureau's Atlanta Office
inspected the main studio for Station WBDX located at 5512 Ringgold
Road; Ste 241, Chattanooga, TN, and observed the following
violation(s):
a. 47 C.F.R. S 73.3526(e)(12): "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." At the time of the
inspection, Station WBDX was missing issues/programs lists for the
3^rd and 4^th quarters of 2012, and the 1^st quarter of 2013.
b. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
participants must have deployed operational equipment that is capable
of the following: (1) Acquiring EAS alert messages in accordance with
the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
alert messages that have been formatted pursuant to the Organization
for the Advancement of Structured Information Standards (OASIS)
Common Alerting Protocol..." At the time of inspection, the
Station's CAP EAS equipment was not installed properly and could not
process CAP-formatted EAS messages.
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, PCMI 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 PCMI to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
PCMI with personal knowledge of the representations provided in PCMI'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; Ste 320
Duluth, GA 30096
7. This Notice shall be sent to PCMI 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 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
3
Federal Communications Commission