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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Board of Education of Southfield Public Schools ) File No.:

   Licensee of FM Station WSHJ )

   ) NOV No.: V201432360014

   Southfield, Michigan )

   ) Facility ID: 65449

                              NOTICE OF VIOLATION

   Released: April 1, 2014

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to the Board of Education of
       Southfield Public Schools, licensee of FM Station WSHJ in Southfield,
       Michigan. 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 19, 2013, and January 7, 2014, an agent of the
       Enforcement Bureau's Detroit Office inspected radio station WSHJ
       located in Southfield, Michigan and observed the following violations:

     a. 47 C.F.R. S 11.56: "Obligation to process [Common Alerting Protocol]
        CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS
        participants must have deployed operational equipment that is capable
        of the following: (1) Acquiring EAS alert messages in accordance with
        the monitoring requirements in S 11.52(d)(2); (2) Converting EAS
        alert messages that have been formatted pursuant to the Organization
        for the Advancement of Structured Information Standards (OASIS)
        Common Alerting Protocol...." At the time of inspection on January 7,
        2014, Station WSHJ did not have the required CAP-formatted EAS

     b. 47 C.F.R. S 11.61(b): "Tests of EAS Procedures. Entries shall be made
        in EAS Participant records, as specified in 11.35(a) and
        11.54(a)(3)." At the time of inspection on January 7, 2014, Station
        WSHJ did not have any EAS logs available and station personnel
        informed the agent that no EAS logs were being maintained.

     c. 47 C.F.R. S 73.1201(a)(2): "Broadcast station identification
        announcements shall be made: Hourly, as close to the hour as
        feasible, at a natural breaks in program offerings...." On September
        19, 2013, and January 7, 2014, Station WSHJ failed to conduct the
        required station identification.

     d. 47 C.F.R. S 73.3527(a)(2): "Every permittee or licensee of an AM, FM,
        TV or Class A TV station in the non-commercial educational broadcast
        services shall maintain a public inspection file...." At the time of
        inspection on September 19, 2013, Station WSHJ did not have a public
        inspection file available.

    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.

    4. 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, the Board of Education of Southfield Public Schools 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, (iii) must
       specify whether EAS CAP equipment has been installed or ordered and
       (iv) 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

    5. In accordance with Section 1.16 of the Rules, we direct the Board of
       Education of Southfield Public Schools to support its response to this
       Notice with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of the Board of Education of
       Southfield Public Schools with personal knowledge of the
       representations provided in the Board of Education of Southfield
       Public Schools' 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.^

    6. 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    7. This Notice shall be sent to the Board of Education of Southfield
       Public Schools at its address of record.

    8. 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.


   James A. Bridgewater

   District Director

   Detroit District Office

   Northeast 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


                       Federal Communications Commission