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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Sun Media, Inc. ) File No.: EB-FIELDNER-14-00015847
Licensee of Radio Station WJLI )
Facility ID No. 63817 ) NOV No.: V201432320009
Metropolis, Illinois )
NOTICE OF VIOLATION
Released: June 23, 2014
By the District Director, Chicago 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 Sun Media, Inc. (Sun Media),
licensee of FM Station WJLI in Metropolis, Illinois. 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 April 29, 2014, an agent of the Enforcement Bureaus's Chicago
Office inspected Station WJLI at its main studio at 5101 Hinkleville
Road, Suite 375, Paducah, Kentucky, and observed the following
violations:
a. 47 C.F.R S 73.1400: "The licensee of an AM, FM, TV or Class A TV
station is responsible for assuring that at all times the station
operates within tolerances specified by applicable technical rules
contained in this part and in accordance with the terms of the
station authorization. Any method of complying with applicable
tolerances is permissible. [...] Remote control of the transmission
system by a person at the main studio or other location... must
provide sufficient transmission system monitoring and control
capability so as to ensure compliance with S 73.1350." At the time of
the inspection, the Sine Systems remote control equipment was not
functional.
b. 47 C.F.R. S 73.1560(b): "FM stations. Except as provided in paragraph
(d) of this section, the transmitter output power of an FM station,
with power output as determined by the procedures specified in S
73.267, which is authorized for output power more than 10 watts must
be maintained as near as practicable to the authorized transmitter
output power and may not be less than 90% nor more than 105% of the
authorized power. FM stations operating with authorized transmitter
output power of 10 watts or less, may operate at less than the
authorized power, but not more than 105% of the authorized power." At
the time of the inspection, WJLI was operating at 65% of its
authorized transmitter power.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Sun Media 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 Commission's rules, we direct
Sun Media to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Sun Media with personal knowledge of the
representations provided in Sun Media'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 Sun Media'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
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6. This Notice shall be sent to Sun Media, 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
G. Michael Moffitt
Regional Director
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 Commission's 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