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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
World India Radio, LLC ) File No.: EB-FIELDNER-16-00021260 )
Licensee of AM Station WXMC ) NOV No.: V201632800002
)
Edison, New Jersey )
)
NOTICE OF VIOLATION
Released: May 6, 2016
By the Regional Director, New York Office, Northeast Region, Enforcement
Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to World India Radio, LLC.,
licensee of AM Station WXMC serving Parsippany-Troy Hill, New Jersey.
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.
On March 22, 2016, an agent of the Enforcement Bureau's New York Office
inspected AM Station WXMC in Parsippany, New Jersey and observed the
following violation:
47 C.F.R. ยง 73.49 "Antenna towers having radio frequency
potential at the base (series fed, folded unipole, and insulated
base antennas) must be enclosed with effective locked fences or
other enclosures. Ready access must be provided to each antenna
tower base for meter reading and maintenance purposes at all
times. However, individual tower fences need not be installed
if the towers are contained within a protective property fence."
At the time of the inspection, the catwalk and tower platforms
were rotted and missing floor boards preventing access to the base
of each of the station's three antenna towers (Antenna Structure
Registration Numbers 1224382, 1224381, and 1224380).
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 violation and any remedial actions taken. Therefore, World India
Radio, LLC 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.
In accordance with Section 1.16 of the Rules, we direct World
India Radio, LLC to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated
by an authorized officer of World India Radio, LLC with personal
knowledge of the representations provided in World India Radio, LLC'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 World India Radio, LLC'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.
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
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
This Notice shall be sent to World India Radio, LLC at its address
of record.
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
David C. Dombrowski
Regional Director
Region 1
Enforcement Bureau
Federal Communications Commission