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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Georgia Eagle Media, Inc. ) File No.: EB-FIELDSCR-13-00009178
)
Licensee of AM Station WRWR ) NOV No.: V201332480022
Warner Robins, GA )
) Facility ID: 67210
)
NOTICE OF VIOLATION
Released: July 1, 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 Georgia Eagle Media, Inc.,
licensee of AM radio Station WRWR (Station), Warner Robins, Georgia.
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 May 23, 2013, an agent of the Enforcement Bureau's Atlanta Office
inspected the main studio for AM Station WRWR, and observed the
following violation(s):
a. 47 C.F.R. S 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 S11.52(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..." During the inspection,
Station WRWR did not have the required CAP-formatted EAS equipment
installed.
b. 47 C.F.R. S 11.52 (d): "EAS Participants must comply with the
following monitoring requirements: (1) With respect to monitoring for
EAS messages that are formatted in accordance with the EAS Protocol,
EAS Participants must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook."
During the inspection, AM Station WRWR was only monitoring one EAS
source.
c. 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." During the inspection,
Station WRWR was missing issues/programs lists for the 1^st quarter
of 2013 and the 3^rd and 4^th quarters of 2012.
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. We also must investigate
violations of other rules that apply to broadcast 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, Georgia Eagle Media, Inc. 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 Georgia Eagle
Media, Inc. to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Georgia Eagle Media, Inc. with personal
knowledge of the representations provided in Georgia Eagle Media,
Inc.'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., Suite 320
Duluth, GA 30096
7. This Notice shall be sent to Georgia Eagle Media, Inc. 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 G. 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