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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
State Radio License, Inc. ) File No.: EB-FIELDSCR-13-00011327
Licensee of Station WQZY(FM) )
Dublin, Georgia ) NOV No.: V201332480033
)
Licensee of Station WMLT(AM) ) Facility IDs: 62474, 62475
Dublin, Georgia )
NOTICE OF VIOLATION
Released: September 25, 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 State Radio License, Inc.,
licensee of radio stations WQZY(FM) and WMLT(AM), Dublin, GA. 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 September 10, 2013, an agent of the Enforcement Bureau's Atlanta
Office inspected radio stations WQZY(FM) and WMLT(AM) located in
Dublin, Georgia and observed the following violation(s):
a. 47 C.F.R. S 11.52(d)(1): "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.
They are developed in accordance with FCC monitoring priorities." At
the time of inspection, Stations WQZY(FM) and WMLT(AM) were
monitoring only one EAS source.^
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, State Radio License, 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 State Radio
License, 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 State Radio License, Inc. with personal
knowledge of the representations provided in State Radio License,
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 State Radio License, 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 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).
^ Stations WQZY(FM) and WMLT(AM) are co-located with co-owned Stations
WDBM(FM), Wrightsville, GA, WQIL(FM) Chauncey, GA, and WMCG(FM), Milan,
GA. Pursuant to Section 11.51(l) of the Rules, these stations share the
same EAS equipment. 47 C.F.R. S 11.51(l).
^ 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
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Federal Communications Commission