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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
M. J. Phillips Communications, Inc. ) File No.: EB-FIELDNER-13-00011961
Licensee of Stations WJJL and WHB714 )
Registrant of Antenna Structure No. 1245343 ) NOV No.: V201432400005
Niagara Falls, New York )
) Facility ID: 39517
NOTICE OF VIOLATION
Released: November 27, 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 M. J. Phillips Communications,
Inc. (Phillips), licensee of AM Radio Station WJJL and Aural Studio
Transmitter Link Station WHB714 and registrant of antenna structure
number 1245343 in Niagara Falls, New York. 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 October 24, 2013, agents of the Enforcement Bureau's Philadelphia
Office inspected Stations WJJL and WHB714 at 976-B Union Road, West
Seneca, New York and antenna structure number 1245343 in Niagara
Falls, New York, and observed the following violations:
a. 47 C.F.R. S 1.903(a): "Stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to
their particular service as set forth in this title and with a valid
authorization granted by the Commission under the provisions of this
part..." At the time of inspection, Phillips was operating a Studio
Transmitter Link (STL) on the frequency 947.5 MHz from an
unauthorized location of 976-B Union Road, West Seneca, New York. The
license for Station WHB714 authorizes Phillips to operate the STL at
1224 Main Street, Niagara Falls, New York.
b. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and
receiving equipment, and Intermediate Devices used as part of the EAS
to decode and/or encode messages formatted in the EAS Protocol and/or
the Common Alerting Protocol (CAP) are installed so that the
monitoring and transmitting functions are available during the times
the stations and systems are in operation. Additionally, EAS
Participants must determine the cause of any failure to receive the
required tests or activations specified in S11.61(a)(1) and (2).
Appropriate entries indicating reasons why any tests were not
received must be made in the broadcast station log as specified in
SS73.1820 and 73.1840 of this chapter for all broadcast streams..."
Station WJJL operates from two different main studio locations
throughout the course of the day.^ The main studio in Niagara Falls,
New York did not have EAS equipment installed. The main studio in
West Seneca, New York, had EAS equipment installed; however, the
station did not have records to indicate their equipment was
receiving CAP-formatted tests. Additionally, there were no records to
determine the cause of failure to receive any CAP message.
c. 47 C.F.R. S 17.47(a)(1): "The owner of any antenna structure which is
registered with the Commission and has been assigned lighting
specifications referenced in this part: Shall make an observation of
the antenna structure's lights at least once each 24 hours either
visually or by observing an automatic properly maintained indicator
designed to register any failure of such lights, to insure that all
such lights are functioning properly as required; or alternatively,
(2) Shall provide and properly maintain an automatic alarm system
designed to detect any failure of such lights and to provide
indication of such failure to the owner." According to the President
and Program Director, the antenna structure's lights are monitored
visually by three individuals. On October 24, 2013 at 6:58 p.m., the
agents found that all of the antenna structure's lights were
extinguished. According to the President and Program Director, the
lights were not monitored that day. Furthermore, the President and
Program Director was aware that the side lights were extinguished but
did not know when the outage occurred with the top light.
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, Phillips 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 Phillips to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Phillips with personal knowledge of the representations provided in
Phillips' 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 Office, Suite 404
2300 E. Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to M. J. Phillips Communications, Inc. 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
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ Station WJJL has two main studio locations: (1) 976-B Union Road, West
Seneca, New York 14224 and (2) 1201 Pine Avenue, Niagara Falls, New York,
14301.
^ 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