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Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of	)
	)
AMFM Radio Licenses, L.L.C.,	)
Debtor-In-Possession	)	File No.:  EB-FIELDNER-18-00026284
Licensee of Radio Station WCIB (FM)	)
Facility ID # 2683	) 	
	)	
Falmouth, Massachusetts	)				
	 )	


NOTICE OF VIOLATION

	Released: July 30, 2018

By the Regional Director, Region One, Enforcement Bureau:

1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commissions rules (Rules) 47 CFR  1.89.
 to AMFM Radio Licenses, L.L.C., Debtor-in-Possession, licensee of Station WCIB (FM) in Falmouth, Massachusetts.  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. 47 CFR  1.89(a).  



2. On February 28, 2018 in response to an interference complaint, an agent of the Enforcement Bureaus Boston Office inspected FM station WCIB (FM) located at 60 Spring Bars Road, Falmouth, Massachusetts and observed the following violation:

47 CFR  73.317(a) and (d):FM broadcast stations employing transmitters authorized after January 1, 1960 must maintain the bandwidth occupied by their emissions . should harmful interference to other authorized stations occur, the licensee shall correct the problem promptly or cease operationAny emission appearing on a frequency removed from the carrier by more than 600 kHz must be attenuated at least 43 + 10 Log10 (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB, whichever is the lesser attenuation.  At the time of the investigation, the agent observed the stations transmitter was generating spurious emissions in the 72 MHz band that were not sufficiently attenuated to meet the required emission limits.  

3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 47 U.S.C.  308(b).
 Section 403 of the Communications Act of 1934, as amended, 47 U.S.C.  403.
 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken.  Therefore, WCIB 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. 47 CFR  1.89(c).
  

4. In accordance with Section 1.16 of the Rules, we direct WCIB to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of WCIB with personal knowledge of the representations provided in WCIBs response, verifying the truth and accuracy of the information therein, 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).  47CFR  1.16.
 and confirming that all of the information requested by this Notice which is in WCIBs 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. 18 U.S.C.  1001 et seq. See also 47 CFR  1.17.
  

5. All replies and documentation sent in response to this Notice should be marked with the File No. specified above, and mailed to the following address:

Federal Communications Commission
Columbia Regional Office
P.O. Box 130
Columbia, Maryland  20145












6. This Notice shall be sent to AMFM Radio Licenses, L.L.C., Debtor-in-Possession, c/o Station WCIB, 7136 S. Yale Avenue, Tulsa Oklahoma and its counsel of record, Gregory L. Masters, Wiley Rein, 1776 K Street, N.W., Washington, DC 20006.  The Privacy Act of 1974 P.L. 93-579, 5 U.S.C.  552a(e)(3).

 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 One
Enforcement Bureau