Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************

                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
Way Media, Inc.	)                   File No.: EB-FIELDWR-13-00011897
	) 
Licensee of Station K283BL	)                   NOV No.: V201432920005
	)
Portland, Oregon	)                   Facility ID: 140415
	
	
	

NOTICE OF VIOLATION

	Released:  October 31, 2013

By the Resident Agent, Portland Resident Agent Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Way Media, Inc. (Way Media), licensee of FM translator station K283BL serving Portland, Oregon.  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.

* On October 29, 2013, agents of the Enforcement Bureau's Portland Resident Agent Office inspected FM translator K283BL located in Portland, Oregon, and observed the following violation:

  + 47 C.F.R. ยง 74.1265(b):  "The call sign of the translator or booster together with the name, address, and telephone number of the licensee if the licensee does not reside in the community served by the translator or booster, and the name and address of a person and place where station records are maintained, shall be displayed at the translator or booster site on the structure supporting the transmitting antenna, so as to be visible to a person standing on the ground at the transmitter site.  The display shall be prepared so as to withstand normal weathering for reasonable period of time and shall be maintained in a legible condition by the licensee." During the inspection conducted on October 29, 2013, the agents observed that there was no signage posted on the structure supporting the antenna.
 
* 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, Way Media, 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.  

* In accordance with Section 1.16 of the Rules, we direct Way Media to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Way Media with personal knowledge of the representations provided in Way Media'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.  

* 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469


* This Notice shall be sent to Way Media, Inc. at its address of record.  


* 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




Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau