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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


   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

    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.


   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,

   ^ 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


   Federal Communications Commission