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



In the Matter of	)
	)
Dunes 102FM LLC	)	File No.:  EB-FIELDNER-18-00027852
Licensee of Radio Station WGTX	)
Facility ID # 68214	)	
	)	
Truro, Massachusetts	)				
	

NOTICE OF VIOLATION

	Released: October 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 Dunes 102FM LLC (Dunes), licensee of FM Station WGTX serving Truro, 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 October 4, 2018, an agent of the Enforcement Bureaus Region One investigated a complaint of harmful interference 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 at 112.52 MHz and 194.38 MHz 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 violation and any remedial actions taken.  Therefore, Dunes must submit a written statement concerning this matter within twenty (20) days of release of this Notice.  The response (i) must fully explain the violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct the 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 Dunes to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Dunes with personal knowledge of the representations provided in Dunes 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 Dunes 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
9050 Junction Drive
Annapolis Junction, Maryland 20701

6. This Notice shall be sent to Dunes 102FM LLC, 352 RT 6 Tradesmens Park #7, Truro, MA 02666.  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