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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-FIELDSCR-16-00022843
WBVL-LP )
) NOV No.: V201732480001
Orlando, Florida )
)
)
)
NOTICE OF VIOLATION
Released: November 18, 2016
By the Regional Director, Region Two, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to WBVL-LP, a low-power FM operator in
Orlando, Florida. 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 violation noted herein.
On Thursday, October 27, 2016, an agent of the Enforcement Bureau's
Tampa Office investigated WBVL's operations and observed the following
violation:
47 C.F.R. § 73.508(b): "The transmitter and associated
transmitting equipment of each noncommercial educational
FM station and LPFM station licensed for transmitter
power output above 10 watts must be designed, constructed
and operated in accordance with § 73.317." 47 C.F.R. §
73.317(d): "Any emission appearing on a frequency removed
from the carrier by more than 600 kHz must be attenuated
at least 43 + 10Log10 (Power, in watts) dB below the
level of the unmodulated carrier, or 80 dB, whichever is
the lesser attenuation." WBVL-LP is licensed to operate
at a maximum Effective Radiated Power (ERP) of 89 Watts.
Thus, WBVL-LP is required under Sections 73.508(b) and
73.317(d) of the Commission's rules to attenuate spurious
emissions appearing more than 600 kHz from the carrier
by at least 62.49 dB. The Enforcement Bureau's agent
observed spurious emissions from WBVL-LP's transmitter
at power levels greatly in excess of the limit for
such emissions determined pursuant to Section 73.317(d)
of the Commission's rules.
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, WBVL-LP
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 WBVL-LP to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer
of WBVL-LP, with personal knowledge of the representations provided in
WBVL-LP'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 WBVL-LP'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
Office of Region Two Director
3600 Hiram-Lithia Springs Rd.
Powder Springs, GA, 30127
This Notice shall be sent to WBVL-LP at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
Regional Director, Region Two
Enforcement Bureau
Federal Communications Commission