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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.:
EB-FIELDNER-13-00009308
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
Bureau:
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
equipment.
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
notices.^
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.
FEDERAL COMMUNICATIONS COMMISSION
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
3
Federal Communications Commission