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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Benjamin Stratemeyer ) File No.: EB-FIELDNER-14-00017214

   Licensee of Radio Station WIBV )

   Facility ID No. 15485 ) NOV No.: V201532320001

   Mount Vernon, Illinois )

                              NOTICE OF VIOLATION

                                                    Released: October 9, 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 Benjamin Statemeyer, licensee of
       FM Station WIBV in Mount Vernon 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 July 16, 2014, an agent of the Enforcement Bureau's Chicago Office
       inspected Station WIBV  at its main studio at 498 Brink Road,
       Irvington, Illinois, and observed the following violations:

     a. 47 C.F.R S 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in 11.35(a)." At the time of inspection, there
        was no station log made available regarding EAS tests sent or
        received during the period of January 15, 2014 through July 15, 2014.

     b. 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.

     c. 47 C.F.R. S 73.3526(e)(12): "Radio issues/programs lists. For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter (e.g., January 10 for the quarter
        October-December, April 10 for the quarter January-March, etc.). The
        list shall include a brief narrative describing what issues were
        given significant treatment and the programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to, the time, date, duration, and title of each
        program in which the issue was treated." At the time of inspection,
        Station WIBV was missing issues/programs lists for the first two
        quarters for the calendar year 2014.

    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, Benjamin Stratemeyer 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
       Benjamin Stratemeyer to support his response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       Benjamin Stratemeyer, 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

   Chicago Office

   1550 North Northwest Highway, Room 306

   Park Ridge, IL 60068

    6. This Notice shall be sent to Benjamin Stratemeyer at his 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

   Dennis E. White

   Acting District 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