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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Willpower Radio, L.L.C. ) File No.: EB-FIELDNER-13-00009298
Licensee of Radio Station WKZE-FM )
Salisbury, CT ) NOV No.: V201332380007
NOTICE OF VIOLATION
Released: June 19, 2013
By the District Director, New York 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 Willpower Radio, LLC, licensee
of Station WKZE-FM operating on 98.1 MHz in Salisbury, Connecticut
(Willpower). 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 May 22, 2013, agents of the Enforcement Bureau's New York Office
monitored Station WKZE-FM and observed the following violation:
47 C.F.R. S73.317(a): "FM broadcast stations employing transmitters
authorized after January 1, 1960, must maintain the bandwidth occupied by
their emissions in accordance with the specification detailed below. FM
broadcast stations employing transmitters installed or type accepted
before January 1, 1960, must achieve the highest degree of compliance with
these specifications practicable with their existing equipment. In either
case, should harmful interference to other authorized stations occur, the
licensee shall correct the problem promptly or cease operation." The
eighth harmonic of Station WKZE-FM (784.8 MHz) was causing interference to
the Verizon Wireless transmitter located approximately 500 feet away.
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, Willpower, 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 Willpower to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Willpower Radio, L.L.C. with personal knowledge of the representations
provided in the Willpower'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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
6. This Notice shall be sent to Willpower 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
Stephen Maguire
District Director
New York 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(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