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 )
)
Birach Broadcasting Corporation ) File No.: EB-FIELDNER-13-00010859
Licensee of AM Station WWCS )
Owner of Antenna Structures ) NOV No.: V201432400002
ASR # 1222688 and # 1222689 )
) Facility ID: 5349
Canonsburg, Pennsylvania )
NOTICE OF VIOLATION
Released: November 14, 2013
By the District Director, Philadelphia 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 Birach Broadcasting Corporation
(Birach), licensee of AM Station WWCS and owner of antenna structure
numbers 1222688 and 1222689 in Canonsburg, Pennsylvania. 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 violations noted herein.^
2. On September 12, 2013, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure numbers 1222688 (Tower 1) and
1222689 (Tower 2) and AM Station WWCS in Canonsburg, Pennsylvania and
observed the following violations:
a. 47 C.F.R. S 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received must be made in the broadcast
station log as specified in Sections 73.1820 and 73.1840 of this
chapter for all broadcast streams . . . . " At the time of
inspection, the agents observed that Station WWCS failed to receive
any EAS messages from the Federal Emergency Management Agency's
Integrated Public Alert Warning System (IPAWS) during the month of
August 2013. Birach Broadcasting failed to make appropriate entries
in the WWCS station logs indicating the reasons why these EAS tests
were not received.
b. 47 C.F.R. S 17.49: "The owner of each antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part must maintain a record of any
observed or otherwise known extinguishment or improper functioning of
a structure light and include the following information for each such
event: (a) The nature of such extinguishment or improper functioning
of a structure light. (b) The date and time the extinguishment or
improper operation was observed or otherwise noted. (c) Date and time
of FAA notification, if applicable. (d) The date, time, and nature of
adjustments, repairs or replacements made." At the time of
inspection, Birch Broadcasting could not produce any logs specifying
(1) the date and time that it first became aware of the outage that
existed with the obstruction lighting on antenna structure number
1222689, (2) the date and time it notified the FAA of the outage that
existed with the obstruction lighting on antenna structure number
1222688, and (3) the time and date it made repairs to the obstruction
lighting on antenna structure numbers 1222688 and 1222689.^
c. 47 C.F.R. S 73.62(a): "Each AM station operating a directional
antenna must maintain the relative amplitudes of the antenna
currents, as indicated by the antenna monitor, within 5% of the
values specified on the instrument of authorization. Directional
antenna relative phases must be maintained within 3 degrees of the
values specified on the instrument of authorization." At the time of
inspection, the relative phase for Tower 1 exceeded the authorized
relative phase value by 9 degrees during the daytime and 10 degrees
during the nighttime. In addition, the relative phase for Tower 2
during the nighttime was 9 degrees less than authorized.
d. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials.
A copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related materials shall be placed in the
file. The permittee or licensee must retain in the public file either
a copy of the contracts listed in such reports in accordance with S
73.3615(a)(4)(i), or an up-to-date list of such contracts. Licensees
or permittees who choose to retain a list of contracts must provide a
copy of any contracts to requesting parties within 7 days." At the
time of inspection, there were no ownership reports or related
materials provided in the public inspection file.
e. 47 C.F.R. S 73.3526(e)(12): "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..." At the time of
inspection, there were no Radio Issues/Programs Lists for Station
WWCS in the public inspection file.
f. 47 C.F.R. S 73.1560(a)(1): "Except as provided for in paragraph (d)
of this section, the antenna input power of an AM station as
determined by the procedures specified in S 73.51 must be maintained
as near as is practicable to the authorized antenna input power and
may not be less than 90% nor more than 105% of the authorized power."
At the time of inspection, the agents determined that the antenna
input power for Station WWCS during the daytime was 2698 Watts or
49.96% of that authorized. Furthermore, the agents determined that
the antenna input power for Station WWCS during the nighttime was 722
Watts or 133.7% of that authorized.^
g. 47 C.F.R. S 73.1350(c)(2) "Monitoring equipment must be periodically
calibrated so as to provide reliable indications of transmitter
operating parameters with a known degree of accuracy. Errors inherent
in monitoring equipment and the calibration procedure must be taken
into account when adjusting operating parameters to ensure that the
limits imposed by the technical rules and the station authorization
are not exceeded." At the time of inspection, the WWCS chief operator
was unable to determine the last time the power meter and antenna
monitor was last calibrated.
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 regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. 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, Birach
Broadcasting 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 Birach
Broadcasting to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Birach Broadcasting with personal knowledge of
the representations provided in Birach Broadcasting'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Birach Broadcasting Corporation 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
David C. Dombrowski
Philadelphia Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ On August 22, 2013, an agent of the Enforcement Bureau's Philadelphia
Office observed that all of the obstruction lighting on antenna structure
number 1222688 was extinguished and one of the two obstruction lights on
the 2/3 level of antenna structure number 1222689 was extinguished. In a
letter dated September 13, 2013, Birach Broadcasting stated that the
repairs to the obstruction lights were completed just a few days after the
agent's inspection.
^ The WWCS license (File No. BL-941209AB) specifies an antenna input power
of 540 Watts during the nighttime based on an incorrect common point
current of 2.39 Amps and an incorrect resistance of 0.50 ohms. The Media
Bureau has recommended that Birach Broadcasting file a formal written
request with the Office of the Secretary to the attention of Supervisory
Engineer Son Nguyen , Federal Communications Commission, Media Bureau,
Audio Division, Room 2-A522, Washington, DC 20554 to reissue the license
to correct the nighttime current and resistance as specified in the
license application.
^ 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
5
Federal Communications Commission