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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Newberry Minority Broadcast Coalition ) File No.: EB-FIELDSCR-14-00013188
Licensee of Station WWPZ-LP )
) NOV No.: V201432480004
)
Newberry, South Carolina ) Facility ID: 131871
NOTICE OF VIOLATION
Released: January 31, 2014
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 Newberry Minority Broadcast
Coalition (NMBC), licensee of radio station WWPZ-LP in Newberry, South
Carolina. 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 January 15, 2014, an agent of the Enforcement Bureau's Atlanta
Office monitored WWPZ-LP located in Newberry, SC and observed the
following violation(s):
a. 47 C.F.R. S 73.845: "Each LPFM licensee is responsible for
maintaining and operating its broadcast station in a manner which
complies with the technical rules set forth elsewhere in this part
and in accordance with the terms of the station authorization." The
agent found that WWPZ-LP was transmitting near coordinates 34DEG 15'
22" N, 081DEG 34' 38 W, approximately 11 miles from its authorized
location.
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, NMBC 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 NMBC to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
NMBC with personal knowledge of the representations provided in NMBC'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
Atlanta Office
3575 Koger Blvd., Suite 320
Duluth, GA 30096
6. This Notice shall be sent to NMBC 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
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).
^ 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
2
Federal Communications Commission