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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: [1]EB-FIELDNER-13-00007629
)
Entercom Milwaukee License, LLC ) NOV No.: V201332320008
Licensee of Radio Station WSSP )
Milwaukee, Wisconsin ) Facility ID: 27030
NOTICE OF VIOLATION
Released: May 15, 2013
By the District Director, Chicago 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 Entercom Milwaukee License, LLC,
licensee of AM Station WSSP in Milwaukee, Wisconsin. 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 noted herein.^
2. On March 25, 2013, an agent of the Enforcement Bureau's Chicago Office
inspected Station WSSP's five towers, which are owned by Entercom
Milwaukee License, LLC, and located at 11800 West Grange Avenue, Hales
Corners, Wisconsin, and observed the following violation:
47 C.F.R. S 73.49: "Antenna towers having radio frequency potential at the
base (series fed, folded unipole, and insulated base antennas) must be
enclosed within effective locked fences or other enclosures. [. . .]
However, individual tower fences need not be installed if the towers are
contained within a protective property fence." At the time of inspection,
the agent observed that the fence around tower number four in Station
WSSP's four-tower directional array had one plank that had broken off in
its entirety and a significant portion of a second plank also had broken
off. Because there was no protective property fence, these conditions
resulted in unrestricted access to the tower, which had radio frequency
potential at its base.
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 violation and any remedial actions taken.
Therefore, Entercom Milwaukee License, LLC, must submit a written
statement concerning this matter within twenty (20) days of release of
this Notice. The response (i) must fully explain the 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 Entercom
Milwaukee License, 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 Entercom Milwaukee License, LLC, with
personal knowledge of the representations provided in Entercom
Milwaukee License, 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 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.^
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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Entercom Milwaukee License, 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
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 47 U.S.C. S 308.
^ 47 C.F.R. S 1.89(c).
^ Section 1.16 of the Commission's 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
References
Visible links
1. https://ebats.fcc.gov/ebats/overview.action?complaint_key=EB-FIELDNER-12-00000856