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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