FCC Web Documents citing 73.1870
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2355A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2355A1.pdf
- on the date said payment is made to NER-Response@fcc.gov IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Viva Communications Group, LLC, at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). See Letter from Aaron K. Bikofsky, Counsel for Viva, to FCC Buffalo Office, dated January 16, 2008. At the request of FCC staff, Viva
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-792A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-792A1.pdf
- of three co-located stations with public files missing multiple quarterly issues/programs lists). We note that Pacific Empire had a history of compliance with the Rules prior to the August 11, 2011, inspection by the Portland agent. Along with the instant NAL, this inspection resulted in Notices of Violation issued against each of the Stations for violations of Sections 11.61(b) and 73.1870(b)(3) of the Rules, concerning Emergency Alert System logs and Chief Operator designation. See, e.g., Pacific Empire Radio Corp., Station KLBM, Notice of Violation, V201132920031 (rel. Sep. 8, 2011). Because these violations were observed during the same inspection as the violations described in this NAL, we do not believe that they negate Pacific Empire's history of compliance prior to the inspection.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-95-412A1.pdf
- expected to be technically competent for the task. Eliminating such a position would appear to go outside the scope of this proceeding, which has been oriented largely toward the roles of licensed duty operators. However, after reviewing the current and pro posed regulations regarding technical personnel, the Com mission has concluded that proposed Section 973.1350(b) is somewhat duplicative of Section 73.1870 (which requires the designation of a chief operator). Therefore, the pro posed rule will not be adopted. Permissible methods for remote transmitter control 37. Also emphasized in the Notice was the need for licensees to have prompt access to metering and control of their transmitters, particularly the ability to turn the trans mitter off in the event of a malfunction.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2005A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2005A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2005A1.txt
- a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only where the petitioner
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
- Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Tri-State
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2635A1.txt
- District Office (10/30/00). 47 C.F.R. 11.15 - EAS Operating Handbook Sheyenne Valley Broadcasting Inc. Lisbon ND. Other violations: 47 C. F. R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4(g) (Antenna Structure Registration Posting), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.51 (Times When Lights Should Be Exhibted), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Broadcast Stations). Saint Paul, MN Resident Agent Office (10/2/00). Harbish Corporation, Brookfield, WI, WJMR. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870
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- (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook Discussion Radio, Inc.,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-526A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-526A1.txt
- 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this case was issued
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1019A1.txt
- Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/14/01). New Life Evangelistic Center, Inc., Leavenworth, KS. Other
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-102A1.txt
- File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73. 1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1314A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1314A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1314A1.txt
- Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Corry Communications Corp,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1644A1.txt
- and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other violations: 47 C.F.R. 95.413 ((CB Rule 13) What Communications Are Prohibited). New Orleans, LA District Office (5/3/01). Specialty
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1756A1.txt
- Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-184A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-184A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-184A1.txt
- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition for reconsideration, Joy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1929A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1929A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1929A1.txt
- of Sections 11.35(a) (failure to install EAS equipment so that monitoring and transmitting functions are available), 73.49 (failure to enclose the AM antenna tower within an effective locked fence or other enclosure), 73.1820(a)(1)(iii) (failure to maintain logs of EAS tests), 11.15 (failure to maintain a copy of the EAS Operating Handbook at normal duty positions or EAS equipment locations), and 73.1870(a) (failure to designate a chief operator in writing with a copy posted with the station authorization). On February 20, 2001, Hancock submitted a response to the NOV in which it indicated that the violations had been corrected. On April 4, 2001, the New Orleans Office issued the subject NAL to Hancock for failure to install EAS equipment so that monitoring
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-19A1.txt
- Chief, Enforcement Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2031A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2031A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2031A1.txt
- Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2036A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2036A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2036A1.txt
- 1.80. 5 47 U.S.C. 503(b). 6 47 U.S.C. 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. 0.111, 0.311,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.txt
- Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services 47 C.F.R. 73.1350 Transmission System Operation Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating 2 Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure 47 C.F.R. 1.903 Authorization Required Robert E. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). Statcom Communications Corp., WPPH856, New York, NY. New York, NY District Office (8/22/01). 47
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.txt
- Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) 3 and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (9/12/01). Keene of Iowa, Inc., Independence, IA. Other violation: 47 C.F.R. 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/17/01). Adelphia Cable System, Danville, VA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Norfolk, VA
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2818A1.txt
- Riverdale, NJ. Other violation: 47 C.F.R. 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 Emergency Alert System 47 C.F.R. 11.15 EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). Charter Communications, Dalton, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operational
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- KAZ232, Riverdale, NJ. Other violation: 47 C.F.R. 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). Charter Communications, Dalton, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operational
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2948A1.txt
- Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local
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- 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/8/01). Redna Broadcasting Corporation, Pittsburg, PA., WJAS(AM). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.51 (EAS Code and Attention Signal Transmission Requirements), 11.61 (Tests of EAS Procedures), 17.4(a) (Antenna Structure Registration), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.49 (AM Transmission System Fencing Requirements), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (1/16/01). Radio for the Blind & Handicap, Inc., WRBH(FM), New Orleans, LA. Other violations: 47 C.F.R. 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). New Orleans, LA District Office (1/24/01). Hancock Broadcasting Corporation, WBSL(AM), Bay St. Louis, MS. Other
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- Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (2/14/01). 47 C.F.R. 1.89 - Failure to Respond to Notice of Violation Woodhaven Investment Trust Inc, Philadelphia, PA. Philadelphia, PA District Office (2/22/01). 47 C.F.R. 1.903 - Authorization Required Condado Plaza Hotel & Casino, San Juan, PR. San Juan, PR Resident Agent Office (2/20/01).
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- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition for reconsideration, Joy
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- forfeiture in the amount of eight thousand dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log). II. BACKGROUND 2. On January 12, 2001, the FCC's Seattle, Washington District Office ("Seattle Office") received information from the Enforcement Bureau's Technical and Public Safety Division indicating that KMAX(AM) was not reducing its
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- (4/24/02). Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870
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- Alert System 47 C.F.R. 11.15 - EAS Operating Handbook KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). 47 C.F.R. 11.35 - Equipment Operational Readiness King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission
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- Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act 47 U.S.C. 301 - Unauthorized Operation Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.951 - Duty to Respond to Official Communications Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office (1/7/02). PCK Systems, Muncie, IN. Philadelphia, PA District Office (1/7/02). Western Pennsylvania SMR Partnership, Las Vegas,
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- Diego, CA District Office (2/12/02). Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). Cornerstone Television, Wall, PA. Other violations: 47 C.F.R. 17.17 (Existing Structures) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (2/15/02). D.L. Van Voorhis, Moreno
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- Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. 17.47 - Inspection of Antenna Structure Lights and Associated Control Equipment Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.903 - Authorization Required Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating
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- Office (1/31/03). Cablevision Systems of New York City Corporation, Bethpage, NY. $3,000 NAL. New York, NY District Office (2/14/03). Pearson Broadcasting of Mena, Inc., KTTG(FM), Mena, Arkansas. $2,000 NAL. New Orleans, LA District Office (2/18/03). Chatterbox, Inc., WQXB(FM), Grenada, MS. $2,000 NAL. New Orleans, LA District Office (3/17/03). Pacifica Foundation, WPFW, Washington, DC. $3,000 NAL. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District Office (3/26/03). Time Warner Cable. $3,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. 17.4(a) - Antenna Structure Registration CB Radio, Inc., Elizabethton, TN. $3,000 NAL. Atlanta, GA District Office (1/23/03). FrontierVisision Operating Partners, L.P., Coudersport, PA. $6,000 NAL Detroit, MI
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- be and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing. The OSC specified the following issues: to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license should be revoked. 3. The OSC also ordered
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- District Office (12/30/02). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.89 - Response to Notice of Violation Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). 47 C.F.R. 1.903 - Authorization Required Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. 11.35 - Equipment Operational Readiness Minority Business and Housing Development, Inc., WYGG, Uniondale,
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- 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture
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- 17, 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules''). Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor F for each mode
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- 0007-2593-10 ) ) ) FORFEITURE ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, for willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (``Rules''). The noted violations involved Pacifica's failure to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failure to verify the log in writing by the chief operator. 2. In a March 26, 2003 Notice of Apparent Liability for Forfeiture (``NAL''), the District Director of the Commission's Columbia, Maryland Office (``Columbia Office'')
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- this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to WSJM, Inc. (``WSJM''), licensee of Station WGMY (AM), South Haven, Michigan, for willful violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules; 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1); 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a); and 4) failure to exhibit red obstruction
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- Citation Station(s) Unauthorized Transfer of Control 47 U.S.C. 310(d) KFRA, KDDK Failure to Install/Maintain EAS Equipment 47 C.F.R. 11.35, 73.1250, 73.1300, 73.1350(h) KFRA, KDDK Failure to Register Antenna Structure and Post Registration 47 C.F.R. 17.4(a)(1), (g) KDDK Failure to Maintain/Staff Main Studio 47 C.F.R. 73.1125 KFRA, KDDK Failure to Designate Chief Operator 47 C.F.R. 73.1350(a)-(c), 73.1870 KFRA, KDDK Excess operating power 47 C.F.R. 73.1560(b) KDDK Failure to conduct equipment performance measurements 47 C.F.R. 73.1590(a)(6) KFRA Failure to maintain station logs 47 C.F.R. 73.1800, 73.1820, 73.1840 KFRA, KDDK Failure to maintain public file and make public file available 47 C.F.R. 73.3526 KFRA, KDDK TABLE II PAYMENT SCHEDULE Date Amount January 17, 2005 $5007
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- 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 7 FCC Rcd at 6802. NAL at 11. See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878 (2003). Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 7 FCC Rcd at 6802. See 47 C.F.R. 73.1870. 47 C.F.R. 73.1635 (Special Temporary Authorization); 47 C.F.R. 73.1740 (Minimum Operating Schedule). 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 73.1125(a). 47 U.S.C. 504(a). See 47 C.F.R. 1.1914. Federal Communications Commission DA 06-664 Federal Communications Commission DA 06-664 $ $ $ $
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- on the date said payment is made to NER-Response@fcc.gov IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Viva Communications Group, LLC, at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). See Letter from Aaron K. Bikofsky, Counsel for Viva, to FCC Buffalo Office, dated January 16, 2008. At the request of FCC staff, Viva
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- public inspection file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance'' with their authorizations because the facilities
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- of three co-located stations with public files missing multiple quarterly issues/programs lists). We note that Pacific Empire had a history of compliance with the Rules prior to the August 11, 2011, inspection by the Portland agent. Along with the instant NAL, this inspection resulted in Notices of Violation issued against each of the Stations for violations of Sections 11.61(b) and 73.1870(b)(3) of the Rules, concerning Emergency Alert System logs and Chief Operator designation. See, e.g., Pacific Empire Radio Corp., Station KLBM, Notice of Violation, V201132920031 (rel. Sep. 8, 2011). Because these violations were observed during the same inspection as the violations described in this NAL, we do not believe that they negate Pacific Empire's history of compliance prior to the inspection.
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- Inc., Yonkers, NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV also issued for
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- Inc., Yonkers, NY. New York, NY (3/31/00). 47 (EAS) Rules) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. 16570 47 Key West Education B/C Foundation, Key West, FL. NOV also issued for
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- Fewer Medical Implant Device Manufacturers 500 Employees or Fewer Hospitals $29 Million in Annual Receipts or Less Nursing Homes $11.5 Million in Annual Receipts or Less Hotels and Motels $6 Million in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) 47 C.F.R. 11.35(a), 11.35(c) and 11.61. 47 U.S.C. 503(b). 47 C.F.R. 11.35, 11.61(a)(1) & 73.1870(c)(3). 47 U.S.C. 503(b). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- ) ) FRN: 0007-96-0818 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Melodynamic Broadcasting Corporation, (``Melodynamic''), licensee of radio station WCER, Canton, Ohio, has apparently violated Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'')1. Respectively, these sections require that the station respond to Commission communications; maintain a copy of the Emergency Alert System (EAS) handbook; maintain a record of the dates of commencement and termination of power determination by the indirect method; maintain a record of the efficiency factor F for each mode of operation; make available the record
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- ) FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (``WSJM''), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (``Rules'')1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each 24 hours either visually or
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- were no entries in the station log indicating the failure to receive the required EAS tests or notifications. There were no entries in the station log indicating the designated chief operator had reviewed them. On July 11, 2002, the Buffalo Office issued a Notice of Violation (``NOV'') to Arrow citing Sections 11.35(a), failure to have an operational EAS system, and 73.1870(c)(3), failure to have the designated chief operator review the logs. On July 23, 2002, Arrow submitted a written reply stating that an audio ground wire inside the EAS equipment had come loose, and that they had corrected the problem. Arrow also stated it has instructed its staff to log tests whenever they are received and reminded the chief operator to
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- effective locked fence, failed to maintain the carrier frequency within tolerance, failed to have the chief operator review the station records as least once per week, and failed to allow access to the public inspection file. On August 27, 2002, the Columbia Office issued a Notice of Violation to MRJ for violation of Sections 11.15, 11.52(a), 11.52(d), 17.4, 73.49, 73.1545(a), 73.1870(c)(3), and 73.3526(c) of the Rules. In reply by fax dated September 5, 2002, MRJ stated that they were going to have a consultant fill out the antenna registration form, a contractor had reset the fence posts, and the licensee stated the public inspection file was in a publicly accessible location. On September 20, 2002, the Columbia Office issued a Continuation
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- and not maintaining a record of observed or otherwise known extinguishment or improper functioning of a structure light. We also find that Citicasters has apparently willfully violated sections 73.1125 and 73.1400(a) of the Commission's Rules by not maintaining a meaningful staff presence at the main studio and operating station KACD unattended. Further, we find that Citicasters apparently willfully violated sections 73.1870(a) and 73.1870(c)(3) of the Commission's Rules by not designating a person to serve as the station's chief operator and the failure of a chief operator to review the station records at least once each week to determine if the required entries are being made correctly and to date and sign the log. We conclude that Citicasters is apparently liable for
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- 200332340004 Washington, DC ) ) FRN: 0007 2593 10 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 26, 2003 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, has apparently violated Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and by failing to verify the log in writing by the chief operator. We conclude that Pacifica is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On February 14, 2003, an agent
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- with the KGGF directional operation. In addition, the station was not receiving EAS tests from one monitoring source. On May 7, 1998, the Kansas City Office issued a Notice of Violation (``NOV'') to KGGF-KUSN, Inc. for violations detected during the May 1, 1998 inspection of KGGF. The NOV specifically cited 47 C.F.R. 11.17, 11.35(a), 73.1225(c), 73.1350(c), 73.1350(d), 73.1560(a) and 73.1870(c)(3). On May 18, 1998, a reply was received to the NOV from KGGF-KUSN, Inc. President, John B. Mahaffey. In that reply, Mr. Mahaffey stated that station personnel were unaware that the station was required to receive two EAS weekly tests and that they would follow up with each of the monitoring sources if they do not receive a weekly EAS
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- they are readily available and easily accessible, failure to have sufficient transmission system monitoring and control capability, failure to maintain the input power at no less than 90%, failure to maintain a station log, and failure to have a designated chief operator. The NOV cited Rego for non-compliance with Sections 11.35(a), 11.61(a)(1)(v), 11.61(a)(2)(i)(A), 73.54(d), 73.1230(b), 73.1350(b)(2), 73.1400(a)(1)(ii), 73.1560(a)(1), 73.1800(a), and 73.1870(a) of the Rules. On May 1, 2001, the Chicago office received a response to the NOV from the Law Offices of Keller and Heckman, LLP, Rego's legal representatives. In their reply, they acknowledged the various oversights and discrepancies associated with the station. However, they stated at the time of the inspection Rego was in the process of correcting the deficiencies
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- and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to have the ownership of the structure changed to reflect their
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- By the District Director, Seattle Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Palouse Country, Inc., licensee of radio broadcast station KMAX (AM) in Colfax, Washington has apparently violated Section 503(b) of the Communications Act of 1934, as amended (``Act'') and has apparently willfully and repeatedly violated Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Commission's Rules by operating the station without required monitors, operating in non-compliance with the station license regarding power, failing to perform periodic complete inspections of the transmitting system, and failing to provide verification that the station has been operating as required by the Rules or the station authorization with appropriate log entries in the station log. We conclude
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- 445 12th Street, S.W., Washington, D.C. 20554. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt District Director Chicago Office 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 47 C.F.R. 1.80. Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- structure located at 43 04' 52'' North Latitude and 70 00' 58'' West Longitude in Niagara Falls, New York, was not registered with the Commission. The written designation of the chief operator was not available. On September 23, 2002, the Buffalo Office issued a Notice of Violation (``NOV'') to Phillips, citing Sections 11.35(a), 11.52(d), 11.61(a)(1)(i), 11.61(a)(2)(i)(A), 17.4(c), 73.1125(d)(1), 73.1560(a)(1), and 73.1870(b)(3). On October 6, 2002, Phillips submitted a written response. The response stated that the failure to conduct and log required EAS tests was inadvertent and the problem will not reoccur, the station was now monitoring two EAS sources, the station will submit proper forms to register the tower, and the station provided a copy of the written chief operator designation.
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- to October 20, 2003. 47 C.F.R. 73.1745(a): ``No broadcast station shall operate at times, or with modes or power, other than those specified and made part of the license ...'' WIMG-AM's logs demonstrate that on October 1, 2, 4, 8, 9, 30 and November 1, 2003, the station was operating with daytime power during nighttime hours. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no designation of the chief operator in writing. 47 C.F.R.
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- TV stations must conduct test of the EAS header and EOM codes at least once a week at random days and times at least once a week at random days and times.'' The station's logs indicated that no tests had been transmitted from October 9, 2003 through November10, 2003 and from November21, 2003 through December 28, 2003. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- the station monitoring WGN, the designated LP-2 for that area. 47 C.F.R. 11.61(a)(1)(v): ``...These monthly tests must be transmitted within 60 minutes of receipt by broadcast station or cable systems in an EAS Local Area or State.'' There was no evidence that the required monthly tests were performed during the months of November or December, 2003. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- tests were sent, and they were sent during the same week. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were only two entries of EAS tests sent. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- to December 13, 2003, no EAS tests were sent. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, no entries of EAS tests were entered in the station log. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- receive tests were missing from December 1 through January 24, 2004. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' At the time of inspection, there were missing EAS receive tests from December 1 through January 24, 2004. d. 47 C.F.R. 73.1870(b)(3): ``Chief operators...The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. e. 47
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- random days and times...'' During January 2004, no weekly EAS tests were sent. d. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 28, 2003 through January 31, 2004, there were missing EAS receive tests. e. 47 C.F.R. 73.1870(b)(3): ``Chief operators. The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. f.
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- September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- be made in the station log for ``...each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of Part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection there were numerous entries missing from the logs for the period of January 1, 2003 through March 1, 2004. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to
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- time of the inspection the visual carrier frequency was 6300 Hz below the assigned frequency. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from August 24, 2002 to April 2, 2003, there were no logs available. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- the required entries in the log manually at that time.'' Entries in the EAS logs of station KCKL(FM) dated February 12, March 4, and May 11, 2003 indicated failure or malfunctioning of the printer that station KCKL utilized for automatic EAS logging; however, station KCKL failed to manually make entries of EAS tests received at those times. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. . . . Review of the station records at least once each week
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- establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 47 C.F.R. 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established. 47 C.F.R. 73.1870(b)(3): The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection no letter was posted or found to designate a person to serve as the station's chief operator. Mr. Jerry Hutchinson, president of the station, indicated that Kevin Block is the chief operator. 47
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- from the Commission. 47 C.F.R. 73.1400(4)(b): ``Unattended operation. Unattended operation is either the absence of human supervision or the substitution of automated supervision of the station's transmission system for human supervision.'' At the time of the inspection the station didn't have direct supervision or a remote control system to control the transmission system parameters after 9:00 P.M. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the
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- TV stations must conduct tests of EAS header and EOM codes at least once a week at random days and times.'' The EAS printouts showed that the weekly transmits from January 28, 2004 to May 12, 2004, were each transmitted on Wednesday at 3:25 a.m. and were therefore not conducted on random days and at random times. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, the station did not have a written designation of the chief operator. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Nassau Broadcasting
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- must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.'' At the time of the inspection, only one of the three EAS receivers in the system was properly functioning. 47 C.F.R. 73.1870(c)(3): ``Chief operators. ...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if
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- and contains instructions for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty, and immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection on August 18, 2004, no EAS Handbook was available. . 47 C.F.R. 73.1870(a)(3) ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the inspection on August 18, 2004, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89
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- convenient location; however, this log is considered a part of the station log.'' No EAS logs were available prior to March 10, 2004. 47 C.F.R. 73.1840 (a): ``Any log required to be kept by station licensees shall be retained by them for a period of 2 years''. No station logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of
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- following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in broadcast station ... records as specified in 11.54(b)(12).'' A review of station records showed that WTHE failed to log monthly tests from January 1 to March 31, 2005, and failed to log weekly tests from two monitoring sources from January 1 to March 31, 2005. 47 C.F.R. 73.1870(c)(3): ``Review of the station logs at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station.'' The station contour map was missing from the public inspection file. 47 C.F.R. 73.1870(c)(3): ``Review of the station logs at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- Alert System'' must be made in the station log. At the time of the inspection, WKKD could not provide EAS logs. 47 C.F.R. 73.1225(b): ``In the course of an inspection or investigation an FCC representative may require special equipment tests.'' At the time of the inspection, the station operator was unable to perform an EAS test. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, WKKD did not have a written designation of the Chief Operator. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties ... Review of the station records at
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- at more than 230% of its authorized power. 47 C.F.R. 73.1590(a): ``The licensee of each AM, FM, TV and Class A TV station...must make equipment performance measurements for each main transmitter...'' Station staff were not aware of the requirements for equipment performance or spurious and harmonic measurements; nor could they make copies of those measurements available. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The antenna input power was observed to be 4030 Watts which is less than 90% of the allowed power for daytime operation. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, the designation of the chief operator was not posted with the station license. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being
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- (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs showed incorrect dates for the Required Monthly Test (``RMT'') and the RWT. On March 7, 2005, the logs showed RMT being received on June 13, 2005, and June 12, 2005 and a RWT on June 7, 2005. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- receiving equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' During the inspection the operator had no knowledge on how to activate the Emergency Alert System (``EAS'') equipment. The equipment was improperly installed, so the transmitting function was not operational. Section 73.1870(a) ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' A copy of the designation letter was not posted at the station with the station license. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, A
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- deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 47 C.F.R. 73.1560(b). See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). In its response to the NOV, the station's contract engineer stated that the chief operator now reviews and signs the station's logs each week. 47 C.F.R. 73.3526(a). See 47
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- means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 47 C.F.R. 73.3526(a). See 47 C.F.R. 73.3526(b). See 47 C.F.R. 73.3526(c)(1). 47 C.F.R. 73.1560(a)(1) and 73.3526(c). 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
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- Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Smith and Fitzgerald, Partnership, the licensee of radio station WCOZ in Laporte, Pennsylvania. On September 20, 2005, an agent of the Commission's Philadelphia Office inspected radio station WCOZ in Laporte, Pennsylvania and observed the following violations: 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log, which shall be maintained at a convenient location. At the time of the inspection, there were no entries for monthly or weekly EAS tests. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log, which shall be maintained at a convenient location[.] At the time of the inspection, there were several gaps without entries for monthly or weekly EAS tests. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- following violations: 47 C.F.R. 11.61(b): ``Entries must be made in broadcast station and cable systems and wireless cable systems records as specified in 11.54(b)(12).'' At the time of the inspection, the records for radio stations WUOL-FM, WFPK, and WFPL were missing various EAS entries for the months of February, March, April and May 2006. 47 C.F. R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, the designation of the chief operator for stations WUOL-FM, WFPK, and WFPL was not posted. 47 C.F.R. 73.1870(c)(3): Station records shall be reviewed...``at least once a week to determine if required entries
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- London, CT. On July 18, 2006, an agent of the Commission's Boston Office inspected radio station WCNI located in New London, CT, and observed the following violations: 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' During the inspection, the agent observed that there were no station logs. 47 C.F.R. 73.1870(a) and (b)(3): A licensee of an FM station must designate a person to serve as the station's chief operator and such designation must be in writing and posted with the station's license. During the inspection, the agent observed that a chief operator designation was not posted with the station's license and subsequently was informed by the station manager that WCNI
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- broadcast station and cable systems and wireless cable systems records as specified in 11.54 (b)(12).'' At the time of the inspection, the records for radio station KCUL(AM) were missing various EAS entries for the months of April and May 2006. Additionally, no entries were noted for the period between April 12, 2006 and May 11, 2006. 47 C.F.R. 73.1870 (c)(3): Station records shall be reviewed ...''at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log...'' At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. Pursuant
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- Area alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. 47 C.F.R. 73.1870 (c)(3): Station records shall be reviewed ...''at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log...'' At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- Area alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. 47 C.F.R. 73.1870 (c)(3): Station records shall be reviewed ...''at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log...'' At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- below the unmodulated carrier, whichever is the lesser attenuation.'' WSNR was operating at 8,000 watts, and therefore any emissions removed from the carrier by more than 75 kHz must be attenuated 80 dB. Equipment performance records from June 20, 2005 showed that emissions at 1240 kHz were only 71.9 dB below the unmodulated carrier frequency of 620 kHz. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' During the inspection, the agent observed that there was no written designation of the chief operator. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for...review of the station records at least once each week to determine if required entries
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- equipment was operational, but there were no log entries of tests sent between November 1, 2006 and November 13, 2006 and no log entries of the tests received from station WQED between November 1, 2006 and November 13, 2006. Furthermore, there were no entries in the log indicating the reasons why these tests were not sent or received. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for...review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
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- as follows: ... (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.'' During the inspection, at least one quarter's Radio issues/programs lists could not be located in the public inspection file. 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' A copy of the designation letter was not posted at the
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- to Section 1.89 of the Commission's Rules, to AAA Entertainment Licensing LLC., licensee of radio stations, WBAZ, WBEA, WEHN, and WEHM, in Amagansett, New York. On November 1, 2006, an agent of the Commission's New York Office inspected radio stations, WBAZ, WBEA, WEHN, and WEHM, located at 249 Montauk Highway, Amagansett, NY 11930, observed the following violations: 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' At the time of inspection, the agent was informed that stations, WBAZ, WBEA, WEHN, and WEHM, had not designated a chief operator. 47 C.F.R. 73.3526(e)(1): ``A copy of the current FCC authorization to construct or
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- on duty, and immediately available to staff responsible for authenticating messages and initiating actions.'' During the inspection, the EAS Handbook was not available. 47 C.F.R. 11.61(b): EAS ``entries must be made in broadcast station records as specified in 11.54(b)(12).'' At the time of the inspection, agents found that the station was not maintaining EAS records. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' During the inspection, the agents observed that there was no written designation of the chief operator. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for...review of the station records at least once each week to determine if required
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- a special EAS log which shall be maintained at a convenient location. However, this log is considered a part of the station log.'' At the time of the inspection, the agent observed that the entries in the EAS logs did not indicate the date and time of each test and whether the test was sent or received. 47 C.F.R. 73.1870(b)(3): ``...The designation of the chief operator must be in writing with a copy of the designation posted with the station license''. At the time of the inspection, there was no written designation of the chief operator posted at the station. 47 C.F.R. 73.1870(c)(3): The chief operator shall ``[r]eview of the station records at least once each week to determine
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- or less, may operate at less than the authorized power, but not more than 105% of the authorized power.'' The Special Temporary Authority issued on January 10, 2007, specified a transmitter power output of 9.3 watts. During the inspection, the transmitter output power was measured at 12.5 watts, which constitutes 134% of the authorized transmitter power output. 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' At the time of inspection, there was no chief operator designation available Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, WVRM, Inc., must submit a
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- chapter.'' A review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. 47 C.F.R. 11.52(d): ``EAS Participants must monitor two EAS sources.'' At the time of the inspection there was only one audio source connected to the EAS Decoder. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- chapter.'' A review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. 47 C.F.R. 11.52(d): ``EAS Participants must monitor two EAS sources.'' At the time of the inspection there was only one audio source connected to the EAS Decoder. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- c. 47 C.F.R. 73.1350(c)(1) & (d)(3): Licensees must establish monitoring procedures and schedules for the station. The station could not provide a copy of the monitoring points and had no directional antenna monitor installed at the station. The licensee had no evidence that it had established monitoring procedures or schedules for the station's transmission system. d. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ... review of the station records at least once each week to determine required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- 1A625, Washington, D.C. 20554. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Viva Communications Group LLC at its address of record. FEDERAL COMMUNICATIONS COMMISSION David Viglione Resident Agent Buffalo Office Northeast Region Enforcement Bureau 47 C.F.R. 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). 47 U.S.C. 503(b). Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of
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- pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also admonish MBHD for failing to post its station license, failing to maintain a station log, and failing to designate a chief operator, as required under Sections 73.1230, 73.1800, 73.1820, and 73.1870 of the Rules. provides that the licensee must ``reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic fields in excess of FCC guidelines.'' On its most recent license renewal application (File No. BRED-20060125AGT) for station WYGG, granted May 24, 2006, MBHD certified that there had been FCC violations
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- power by the direct and the indirect methods, and with other such instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system.'' At the time of inspection, the common point current meter and remote transmission system monitoring equipment were malfunctioning, leaving station personnel with no ability to determine the station's operating power. 47 C.F.R. 73.1870(a): ``Each AM, FM, TV, or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' At the time of inspection, a written designation of a chief operator for station KHLT could not be located and station personnel were unaware of the requirement to maintain a chief operator. Pursuant to Section 308(b) of the Communications
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- the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made to the FCC in Washington, DC for additional time as may be necessary. The station was operating at 57 % of authorized power and had been operating at reduced power for over 30 days. 47 C.F.R. 73.1870(a)(1) & (3): The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license. The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(4): Stations must place a copy of
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- Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to CBS Radio East, Inc., licensee of FM Broadcast station WXRK, New York, New York. On May 28, 2008, an agent of the Commission's New York Office inspected radio station WXRK and observed the following violations: 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license or in the station's records. 47 C.F.R. 73.3526(e)(1): The public inspection file shall contain a ``copy of the current FCC authorization to construct
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- transmitter output power necessary to meet the authorized 3 Kilowatt effective radiated power, and had been operating at reduced power for over 30 days. 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' At the time of inspection, the required station log was not available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(8): Commercial broadcast licensees shall maintain for
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- the time of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' At the time of inspection, the required station log was not available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agents found no written designation of a chief operator for the station. 47 C.F.R. 73.3526(e)(8) & (e)(14): Commercial broadcast licensees shall
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- duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' A copy of the EAS Handbook was not available at any point at the station. 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' The required station log was not available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agent found no written designation of a chief operator for the station. 47 C.F.R. 73.1230(a): ``The station license and any other
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- duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' A copy of the EAS Handbook was not available at any point at the station. 47 C.F.R. 73.1800(a): ``The licensee of each station must maintain a station log as required by 73.1820.'' The required station log was not available for inspection. 47 C.F.R. 73.1870(a)(1) & (3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agent found no written designation of a chief operator for the station. 47 C.F.R. 73.1230(a): ``The station license and any other
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- of the station authorization. Any method of complying with applicable tolerances is permissible.'' At the time of inspection, a ``dial up `` remote control system was utilized to control the transmitter and monitor its operation. Station employees were not able to determine the power output of the transmitter or confirm the operation complied with the station's authorization. 47 C.F.R. 73.1870(b)(3): ``The designation of chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, a written designation of the chief operator could not be produced. 47 C.F.R. 73.3526(e)(12): Public Inspection File Requirements ``For commercial AM and FM broadcast stations, every three months a list of programs that have
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- tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' At the time of the inspection, Ruby Radio failed to insure that, over the three months prior to the inspection, all tests of the EAS system were conducted. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for ...[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- for both KCTO and KCXL for the period of 5/1/08 to 10/30/08 documented several weeks where only one of the two required weekly tests or actual EAS activation had been received by the station. No entries were found documenting the reasons why no test or activation had been received from their second monitoring source during those weeks. 47 C.F.R. 73.1870(c): ``The chief operator is responsible for completion of the following duties... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his
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- KEYN-FM did not transmit any EAS activation during five of those weeks. This includes the weeks of 8/24-8/30, 9/21-9/27, 10/5-10/11, 10/19-10/25 and 11/16-11/22. Of the weeks when tests were conducted, the tests were not conducted at random days and times. The tests that were initiated by KEYN-FM were typically on Tuesday mornings between 7 am -11 am. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties ... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
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- 2008 through October 19, 2008. The broadcast station records contained no reasons why weekly tests were not received. At the time of inspection, the broadcast station records contained no entry of the retransmission of the October Monthly test received on September 3, 2008. The broadcast station records contained no reasons why the monthly test was not retransmitted. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, a copy of the chief operator designation was not posted with the station license or in the public inspection file. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section
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- be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy.'' At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996. 47 C.F.R. 73.1870(c)(3): ``Review of the station records [by the Chief Operator] at least once each week to determine if required entries are being made correctly... . Upon completion of the review, the chief operator or his designee must date and sign the log. . . .'' At the time of inspection, the agent observed that the station logs for the month of
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- the public inspection file... (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.'' During the station inspection, the above mentioned items were missing or incomplete and there was no mechanism to make copies. Section 73.1870 (a) ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' A copy of the current designation letter was not posted at the station with the station license. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's
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- it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.'' At the time of inspection, no Antenna Structure Registration Number was readily visible near the base of the tower. 47 C.F.R. 73.1870(b) (3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, there was no designation of the chief operator posted with the station license. 47 C.F.R. 73.1870(c) (3): Review of the station records at least once each week to determine if required
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- station, except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements.'' At the time of inspection, there were no equipment performance measurements available for inspection. 47 C.F.R. 73.1870(c): ``The chief operator is responsible for completion of the following duties... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
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- and no logs indicating when the station commenced determination of operating power by the indirect method. 47 C.F.R. 73.1226: ``The following shall be made available to any authorized representative of the FCC upon request: Station records or logs.'' There was no evidence of any station logs (no EAS or any operating logs) at the main studio. 47 C.F.R. 73.1870(a): ``The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator.'' There was no written designation of chief operator posted at the station. 47 C.F.R. 73.1745(a): ``No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license...'' On the evening of
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- Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Stone/Collins Communications, Inc., licensee of radio station WEPG in South Pittsburg, Tennessee. On August 19, 2009, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected the main studio of AM radio station WEPG located in South Pittsburg, Tennessee, and observed the following violation(s): 47 C.F.R. 73.1870(a) and (c): ``The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator...The chief operator is responsible for...[i]nspections and calibrations of the transmission system, required monitors, metering and control systems and any necessary repairs or adjustments...Review of the station records at least once a week to determine if required entries are being made correctly...Upon
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- file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Caron is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also admonish Caron for the failure of the station's chief operator to review, sign and date the station logs on a weekly basis as required under Section 73.1870(c)(3) of the Rules. BACKGROUND On January 13, 2009, the Commission's Miami Office of the Enforcement Bureau (``Miami Office'') received a complaint that station WKAT was not reducing power at night as required. WKAT is authorized to operate on 1360 kHz under AM Broadcast Station License, File No. BL-19871123AK, facility ID 27713. WKAT's license authorizes a transmitter operating power of 5,000
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- specified in 11.35(a) and 11.54(b)(13).'' Although the station's EAS equipment was operational and all required tests were sent and received, a review of the station records showed a failure to log any tests sent during the month of August 2009 and a failure to log required monthly tests sent between August 1, 2009 and December 1, 2009. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- ``copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' At the time of inspection, the most current ownership report or certifying statements were not in the station's public inspection file. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license designating the chief operator. 47 C.F.R. 73.1350(c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters
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- June 15, 2009, July 13, 2009, and August 2, 2009. Entries were not made in the EAS logs to show required monthly EAS tests retransmitted for the months of January, February, March, May, June, and July of 2009. There were no entries in the station logs indicating the reason why the required EAS tests were not received. 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis.'' At the time of inspection, Clarion
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- broadcast station log as specified in 73.1820 and 73.1840 of this chapter . . .'' At the time of the inspection, the Los Angeles agent found daily EAS log sheets automatically produced by the EAS encoder/decoder, with dates going back over one year, but with no indications that any tests were either received or sent. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for the following duties specified in this paragraph below... (3) Review of the station records at least once per week to determine if required entries are being made correctly...Upon completion of the review, the chief operator or his designee must date and sign the log, indicate any corrective action which may be necessary, and advise
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- non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows:...upon initial installation of a new or replacement main transmitter.'' At the time of the inspection, no equipment performance measurements were available when the main transmitter was installed and operational in December 2008. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, there was no written designation posted with the station license designating the chief operator. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the
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- the time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years prior to the agent's inspection and that it failed to include the one request for broadcast time in the public inspection file. 47 C.F.R. 73.1870(b)(3): ``The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license.'' The agent found no written designation of a chief operator for the station. 47 C.F.R. 73.1870(c)(3): The chief operator shall ``[r]eview. . .the station
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- made in EAS Participants records, as specified in 11.35(a) and 11.54(b)(13).'' At the time of the inspection, there were no entries in the station log indicating that the required monthly tests were conducted for the months of May and June, 2010. There were no entries in the log indicating why the required monthly tests were not conducted. 47 C.F.R. 73.1870(c)(3): The chief operator shall ``[r]eview. . . the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
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- TN. On July 28, 2010, agents of the Enforcement Bureau's Atlanta Office monitored WFLI-TV, and then inspected the station's main studio in Chattanooga, TN on July 29, 2010 and observed the following violation(s): 47 C.F.R. 11.52(d): EAS participants must monitor two assigned EAS sources.'' The station was monitoring only one of the two assigned monitoring sources. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. 47 C.F.R. 73.1201(a)(2): ``Broadcast station identification announcements shall be made...hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television broadcast
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- of each test and activation of the EAS pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the station logs on a weekly basis. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission
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- (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams ..'' Although the station's EAS equipment was operational, station KHVN's EAS log was missing entries. The missing entries were not explained in the log. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. 47 C.F.R. 73.3526(e)(12): ``For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant
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- were not received must be made in the broadcast station log as specified in 73.1820 and 73.1840 of this chapter for all broadcast streams ..'' Although the station's EAS equipment was operational, the station did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. 47 C.F.R. 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. 47 C.F.R. 73.3526(e)(12): ``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
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- regular intervals, as specified in paragraphs (a)(1) of this section.... All tests will conform with the procedures in the EAS Operating Handbook. (1) Required Monthly Tests of the EAS header codes, Attention Signal Test Script and EOM code. During the inspection, a station representative reported that no monthly test had been conducted for the month of July. 47 C.F.R. 73.1870(c)(3): ``The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- a file. The following shall maintain for public inspection a file containing the material set forth in this section. ... (2) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file...'' At the time of inspection, there was no public inspection file for WIPR-TV. 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator...'' At the time of inspection, there was no designated chief operator. Pursuant to section 308(b) of the Communications Act of 1934, as amended, and section 1.89 of the Commission's Rules, Puerto Rico Broadcasting Corp., must submit
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- Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Clarion Communications, Inc. (``Clarion''), licensee of Station WYXC, Cartersville, Georgia. On February 10, 2011, agents of the Enforcement Bureau's Atlanta Office inspected the main studio of Station WYXC located at Cartersville, Georgia, and observed the following violation(s): 47 C.F.R. 73.1870(a): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator...'' At the time of inspection, there was no designated chief operator. 47 C.F.R. 11.35(a): ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in 11.61(a)(1) and
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- The Emergency Alert System Plan for Pennsylvania specifies that WFYL must monitor Local Primary Stations WMGK and WHYY. Although Station WFYL's EAS equipment was set up to monitor Station WMGK and WHYY, there were no entries in the station's logs indicating why the station had not received any EAS alerts from Station WHYY since January 20, 2011. 47 C.F.R. 73.1870(c)(3): ``The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- C.F.R. 11:52(d): ``EAS participants must monitor two EAS sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook.'' At the time of the inspection, WBKI-TV was not monitoring the correct local primary stations as required by the preliminary Kentucky EAS plan. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, there was no written designation of the chief operator. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being made correctly. .
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- required entries in the log manually at that time.'' At the time of this inspection, the station personnel could not access the Burke controller to recover the station log without loss of the data. The station was not making entries in a manual log. The station received a previous verbal warning about this condition in November 2010. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- FL 33493, and observed the following violation(s): 47 C.F.R. 17.4(g): ``Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure.'' At the time of inspection, there was no antenna structure registration number posted at or near the base of the antenna structure. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no designation of the current chief operator posted with the station license. 47 C.F.R. 11.15: ``The EAS Operating Handbook states in summary form the actions to be taken by personnel at
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- station ... are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities...'' The Emergency Alert System Plan for New Jersey specifies that WVLT must monitor a Primary Entry Point Station and WENJ 97.3 MHz. At the time of inspection, WVLT was not monitoring a Primary Entry Point Station. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log....'' At the time of inspection, there was no indication that the logs were being signed and dated by the chief operator. As the nation's
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- has been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded.'' At the time of the inspection, a copy of the Notice of Apparently Liability that the Commission issued L. Stanley Wall on June 17, 2011 was not in the station's public inspection file. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, there was no written designation posted with the station license designating the chief operator. Pursuant to section 308(b) of the Communications Act of 1934, as amended, and section 1.89 of the Commission's Rules, L.
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- inspected radio station KLBM located at 2510 Cove Avenue, La Grande, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. 47 C.F.R. 73.1870(b)(3): `` The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- inspected radio station KBKR located at 2510 Cove Avenue, La Grande, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. 47 C.F.R. 73.1870(b)(3): `` The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- inspected radio station KKBC-FM located at 2510 Cove Avenue, La Grande, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. 47 C.F.R. 73.1870(b)(3): `` The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- inspected radio station KRJT located at 2510 Cove Avenue, La Grande, Oregon 97850, and observed the following violations: 47 C.F.R. 11.61(b): ``Entries shall be made in EAS Participant records, as specified in 11.35(a) and 11.54(b)(13).'' There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. 47 C.F.R. 73.1870(b)(3): `` The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired.'' At the time of the inspection, agents determined that KHWG(AM) failed to maintain a station log. 47 C.F.R. 73.1870(a) and (b)(3): ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. The designation of the
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- to Section 1.89 of the Commission's Rules, to Telefutura Los Angeles LLC (``Telefutura''), licensee of television station KFTR-DT serving Ontario, California. This Notice may be combined with a further action, if further action is warranted. On September 12, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected television station KFTR-DT and observed the following violation: 47 C.F.R. 73.1870(c)(3): ``(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
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- Section 1.89 of the Commission's Rules, to KMEX License Partnership, G.P. (``KMEX''), licensee of television station KMEX-DT serving Los Angeles, California. This Notice may be combined with a further action, if further action is warranted. On September 12, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected television station KMEX-DT and observed the following violation: 47 C.F.R. 73.1870(c)(3): ``(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
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- a contract basis.'' At the time of inspection, there was nothing in writing designating the chief operator. 47 C.F.R. 73.1225(c)(5): ``The following records shall be made available by all broadcast stations upon request by representative of the FCC. (5) Station logs and special technical records.'' At the time of inspection, no logs were available for review. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties specified in the paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (3) Review of the station records at least once each week to determine if
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- Measurements for the station were performed on October 9, 2009. 47 C. F. R. 73.1840(a): ``Any log required to be kept by station licensees shall be retained by them for a period of 2 years.'' At the time of the inspection on December 15, 2011, the logs for the year 2010 were not available. 47 C. F. R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner.''... ``(3) Review of the station records at least once each week to determine if
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- a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired.'' At the time of inspection, Curran was unable to provide the agents with a station log for WPAM and admitted that they did not maintain a station log. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of a chief operator. As the nation's emergency
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- in the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams...'' At the time of the inspection, there were no entries in KCBD-TV logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had been sporadically missed over the three months prior to the inspection. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log....'' At the time of inspection, there was no indication that the logs were being reviewed by the chief operator. Pursuant to Section 308(b) of
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- authorization shall be posted in a conspicuous place and in such a manner that all terms are visible at the place the licensee considers to be the principal control point of the transmitter.'' On March 2, 2012, an agent from the San Juan Office observed that the station authorization was not posted at the principal control point. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license'' On March 2, 2012, an agent from the San Juan Office observed that the chief operator designation was not posted with the station license. 47 C.F.R. 73.3526(e)(1): ``A copy of the current FCC authorization to construct or operate
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- sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired.'' At the time of inspection, Mr. Murphy D. Boughner was unable to provide the FCC agent with a station log for KGCT-CD and admitted that he did not maintain a station log. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, there was no written designation of the chief operator. 47 C.F.R. 73.3526(e)(4): `` Contour maps - A copy of any service contour maps, submitted with any application tendered for filing with the
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- specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams . . . . '' At the time of inspection, the agents observed that WMVB's EAS system did not properly record EAS test information and appropriate entries were not made in the station logs indicating the reasons why the EAS tests were not received. 47 C.F.R. 73.1870(c)(3): ``The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- At the time of the inspection, there were no entries in the station's logs indicating why KEBN did not receive Required Weekly Tests from the Orange County, California, LP-1 or LP-2 stations. The inspection did show that tests were being received from Los Angeles County LP-1 station (KFI) during the three month period prior to the inspection. 47 C.F.R. 73.1870(c)(3): ``(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
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- willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce the forfeiture to $10,000. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office ("Denver Office") conducted a routine inspection of FM broadcast station KNEC. The agents found several violations, including those noted above. On June
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- other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would
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- Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness; Section 11.15 (EAS operating handbook) by failing to maintain a copy of the EAS Operating Handbook at normal duty stations; Section 73.1820 (station log) by failing to keep a station log; Section 73.1125 (station main studio location and staffing) by leaving the station's main studio unattended; and Section 73.1870 (chief operators) by failing to designate a chief operator at the station. III. Discussion 7. Unauthorized Transfer of Control. Section 310(d) of the Act provides in pertinent part: No construction permit or station license, or any rights thereunder, shall be transferred, assigned or disposed of in any manner, voluntarily, directly or indirectly, or by transfer of control of any corporation
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- FM broadcast station may not exceed 105% of the authorized power. Based on the agent's inspection of the KZPO transmitter, there is a question of fact as to whether KZPO was operating at greater than 105% of authorized power. We will specify an issue to determine whether Zawila or LB willfully or repeatedly violated Section 73.1560(b). 109. Sections 73.1225(c)(2), 73.1226(c)(4), 73.1870(b)(3), and 73.1870(c)(3) of our Rules require a licensee to make available for inspection the written designation of the chief operator, to maintain and make available for inspection contracts, agreements and understandings for the chief operator, to post the written designation of the chief operator, to maintain in the station file any agreement with the chief operator serving on a contract
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- is proposed to be amended as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, 334, and 336 2. Section 73.1350(b)(2) is proposed to be revised as follows: 73.1350 Transmission system operation. (b) The licensee must designate a chief operator in accordance with 73.1870. The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. (2) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or
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- is undertaken, obtain a Special Temporary Authority (STA) in accordance with Section 73.1635 in order to operate with parameters at variance and/or with reduced power as required to maintain all monitoring points within their specified limits. 3. Section 73.1350(b)(2) is revised as follows: 73.1350 Transmission system operation. (b) The licensee must designate a chief operator in accordance with 73.1870. The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. (2) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or
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- Section 73.1740 is revised to add paragraph (6) to read as follows. 73.1740 Minimum operating schedule (a) All commercial broadcast stations are required to operate not less than the following minimum hours: * * * * * Class A TV stations. Not less than 18 hours in each day of the week. * * * * * 35. Section 73.1870 is amended to read as follows: 73.1870 Chief operators. (a) The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief
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- FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (?WSJM?), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each 24 hours either visually or
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- Washington, DC ) ) FRN: 0007 2593 10 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 26, 2003 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, has apparently violated Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (the ``Rules''),1 by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and by failing to verify the log in writing by the chief operator. We conclude that Pacifica is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND 2. On February 14, 2003, an
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- located at 43 04' 52'' North Latitude and 70 00' 58'' West Longitude in Niagara Falls, New York, was not registered with the Commission. The written designation of the chief operator was not available. 3. On September 23, 2002, the Buffalo Office issued a Notice of Violation (``NOV'') to Phillips, citing Sections 11.35(a), 11.52(d), 11.61(a)(1)(i), 11.61(a)(2)(i)(A), 17.4(c), 73.1125(d)(1), 73.1560(a)(1), and 73.1870(b)(3)2. On October 6, 2002, Phillips submitted a written response. The response stated that the failure to conduct and log required EAS tests was inadvertent and the problem will not reoccur, the station was now monitoring two EAS sources, the station will submit proper forms to register the tower, and the station provided a copy of the written chief operator designation.
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- October 20, 2003. d. 47 C.F.R. 73.1745(a): ``No broadcast station shall operate at times, or with modes or power, other than those specified and made part of the license ...'' WIMG- AM's logs demonstrate that on October 1, 2, 4, 8, 9, 30 and November 1, 2003, the station was operating with daytime power during nighttime hours. e. 47 C.F.R. 73.1870(b)(3): ````The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'''' At the time of inspection, there was no designation of the chief operator in writing. f. 47 C.F.R.
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- TV stations must conduct test of the EAS header and EOM codes at least once a week at random days and times at least once a week at random days and times.'' The station's logs indicated that no tests had been transmitted from October 9, 2003 through November10, 2003 and from November21, 2003 through December 28, 2003. 5.d. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- the station monitoring WGN, the designated LP-2 for that area. 5.b. 47 C.F.R. 11.61(a)(1)(v): ``...These monthly tests must be transmitted within 60 minutes of receipt by broadcast station or cable systems in an EAS Local Area or State.'' There was no evidence that the required monthly tests were performed during the months of November or December, 2003. 5.c. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- tests were sent, and they were sent during the same week. 2.c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were only two entries of EAS tests sent. 2.d. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- to December 13, 2003, no EAS tests were sent. 2.d. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, no entries of EAS tests were entered in the station log. 2.e. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- EAS weekly receive tests were missing from December 1 through January 24, 2004. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' At the time of inspection, there were missing EAS receive tests from December 1 through January 24, 2004. d. 47 C.F.R. 73.1870(b)(3): ``Chief operators...The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. e. 47
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- and at random days and times...'' During January 2004, no weekly EAS tests were sent. d. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 28, 2003 through January 31, 2004, there were missing EAS receive tests. e. 47 C.F.R. 73.1870(b)(3): ``Chief operators. The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. f.
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- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-245210A1.html
- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-245211A1.html
- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-246130A1.html
- be made in the station log for ``...each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of Part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection there were numerous entries missing from the logs for the period of January 1, 2003 through March 1, 2004. 5.d. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 5.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to
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- the required entries in the log manually at that time.'' Entries in the EAS logs of station KCKL(FM) dated February 12, March 4, and May 11, 2003 indicated failure or malfunctioning of the printer that station KCKL utilized for automatic EAS logging; however, station KCKL failed to manually make entries of EAS tests received at those times. 2)e. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. . . . Review of the station records at least once each week
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- establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 2.l. 47 C.F.R. 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established. 2.m. 47 C.F.R. 73.1870(b)(3): The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection no letter was posted or found to designate a person to serve as the station's chief operator. Mr. Jerry Hutchinson, president of the station, indicated that Kevin Block is the chief operator. 2.n.
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- the Commission. 2.e. 47 C.F.R. 73.1400(4)(b): ``Unattended operation. Unattended operation is either the absence of human supervision or the substitution of automated supervision of the station's transmission system for human supervision.'' At the time of the inspection the station didn't have direct supervision or a remote control system to control the transmission system parameters after 9:00 P.M. 2.f. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 2.g. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-248250A1.html
- TV stations must conduct tests of EAS header and EOM codes at least once a week at random days and times.'' The EAS printouts showed that the weekly transmits from January 28, 2004 to May 12, 2004, were each transmitted on Wednesday at 3:25 a.m. and were therefore not conducted on random days and at random times. 2.d. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, the station did not have a written designation of the chief operator. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Nassau
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-249193A1.html
- must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.'' At the time of the inspection, only one of the three EAS receivers in the system was properly functioning. 2)c. 47 C.F.R. 73.1870(c)(3): ``Chief operators. ...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-252289A1.html
- information more recent that 1985. Specific omissions noted were: 1) most recent license renewal; 2) contour map; 3) ownership report/certification; 4) employment report; and 5) donor lists. In addition, the most recent version of ``The Public & Broadcasting'' manual was not available. The most recent version of that manual can be accessed online at http://www.fcc.gov/mb/audio/decdoc/public_and_- broadcasting.html . 2.d. 47 C.F.R. 73.1870(a)(3) ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the inspection on August 18, 2004, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section
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- convenient location; however, this log is considered a part of the station log.'' No EAS logs were available prior to March 10, 2004. 47 C.F.R. 73.1840 (a): ``Any log required to be kept by station licensees shall be retained by them for a period of 2 years''. No station logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-259304A1.html
- the following violations: a. 47 C.F.R. 11.61(b): ``Entries shall be made in broadcast station ... records as specified in 11.54(b)(12).'' A review of station records showed that WTHE failed to log monthly tests from January 1 to March 31, 2005, and failed to log weekly tests from two monitoring sources from January 1 to March 31, 2005. b. 47 C.F.R. 73.1870(c)(3): ``Review of the station logs at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260033A1.html
- Alert System'' must be made in the station log. At the time of the inspection, WKKD could not provide EAS logs. 5.d. 47 C.F.R. 73.1225(b): ``In the course of an inspection or investigation an FCC representative may require special equipment tests.'' At the time of the inspection, the station operator was unable to perform an EAS test. 5.e. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, WKKD did not have a written designation of the Chief Operator. 5.f. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties ... Review of the station records at
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.h. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260542A1.html
- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 2.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.h. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260734A1.html
- (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs showed incorrect dates for the Required Monthly Test (``RMT'') and the RWT. On March 7, 2005, the logs showed RMT being received on June 13, 2005, and June 12, 2005 and a RWT on June 7, 2005. 2.f. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-261271A1.html
- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 2.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-261932A1.html
- equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' During the inspection the operator had no knowledge on how to activate the Emergency Alert System (``EAS'') equipment. The equipment was improperly installed, so the transmitting function was not operational. 2.b. Section 73.1870(a) ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' A copy of the designation letter was not posted at the station with the station license. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules,
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- a. 47 C.F.R. S 11.61(b): "Entries must be made in broadcast station and cable systems and wireless cable systems records as specified in S 11.54(b)(12)." At the time of the inspection, the records for radio stations WUOL-FM, WFPK, and WFPL were missing various EAS entries for the months of February, March, April and May 2006. b. 47 C.F. R. S 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, the designation of the chief operator for stations WUOL-FM, WFPK, and WFPL was not posted. c. 47 C.F.R. S 73.1870(c)(3): Station records shall be reviewed..."at least once a week to determine if required
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-266886A1.html
- station and cable systems and wireless cable systems records as specified in S 11.54 (b)(12)." At the time of the inspection, the records for radio station KCUL(AM) were missing various EAS entries for the months of April and May 2006. Additionally, no entries were noted for the period between April 12, 2006 and May 11, 2006. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 3.
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- alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- the unmodulated carrier, whichever is the lesser attenuation." WSNR was operating at 8,000 watts, and therefore any emissions removed from the carrier by more than 75 kHz must be attenuated 80 dB. Equipment performance records from June 20, 2005 showed that emissions at 1240 kHz were only 71.9 dB below the unmodulated carrier frequency of 620 kHz. f. 47 C.F.R. 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." During the inspection, the agent observed that there was no written designation of the chief operator. g. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if required
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-269181A1.html
- was operational, but there were no log entries of tests sent between November 1, 2006 and November 13, 2006 and no log entries of the tests received from station WQED between November 1, 2006 and November 13, 2006. Furthermore, there were no entries in the log indicating the reasons why these tests were not sent or received. b. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-270448A1.html
- and immediately available to staff responsible for authenticating messages and initiating actions." During the inspection, the EAS Handbook was not available. b. 47 C.F.R. S 11.61(b): EAS "entries must be made in broadcast station records as specified in S 11.54(b)(12)." At the time of the inspection, agents found that the station was not maintaining EAS records. c. 47 C.F.R. S 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." During the inspection, the agents observed that there was no written designation of the chief operator. d. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-272442A1.html
- special EAS log which shall be maintained at a convenient location. However, this log is considered a part of the station log." At the time of the inspection, the agent observed that the entries in the EAS logs did not indicate the date and time of each test and whether the test was sent or received. c. 47 C.F.R. S 73.1870(b)(3): "...The designation of the chief operator must be in writing with a copy of the designation posted with the station license". At the time of the inspection, there was no written designation of the chief operator posted at the station. d. 47 C.F.R. S 73.1870(c)(3): The chief operator shall "[r]eview of the station records at least once each week to
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277919A1.html
- review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources." At the time of the inspection there was only one audio source connected to the EAS Decoder. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-277920A1.html
- review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources." At the time of the inspection there was only one audio source connected to the EAS Decoder. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- Washington, D.C. 20554. 22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Viva Communications Group LLC at its address of record. FEDERAL COMMUNICATIONS COMMISSION David Viglione Resident Agent Buffalo Office Northeast Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of
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- by the direct and the indirect methods, and with other such instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system." At the time of inspection, the common point current meter and remote transmission system monitoring equipment were malfunctioning, leaving station personnel with no ability to determine the station's operating power. c. 47 C.F.R. S: 73.1870(a): "Each AM, FM, TV, or Class A TV broadcast station must designate a person to serve as the station's chief operator." At the time of inspection, a written designation of a chief operator for station KHLT could not be located and station personnel were unaware of the requirement to maintain a chief operator. 3. Pursuant to Section 308(b) of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-282775A1.html
- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to CBS Radio East, Inc., licensee of FM Broadcast station WXRK, New York, New York. 2. On May 28, 2008, an agent of the Commission's New York Office inspected radio station WXRK and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station's records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to
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- power necessary to meet the authorized 3 Kilowatt effective radiated power, and had been operating at reduced power for over 30 days. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of inspection, the required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall maintain
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-283327A1.html
- of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. c. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of inspection, the required station log was not available for inspection. d. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. e. 47 C.F.R. S:S: 73.3526(e)(8) & (e)(14): Commercial broadcast licensees
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- be immediately available to staff responsible for authenticating messages and initiating actions." A copy of the EAS Handbook was not available at any point at the station. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." The required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.1230(a): "The station license and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-285382A1.html
- be immediately available to staff responsible for authenticating messages and initiating actions." A copy of the EAS Handbook was not available at any point at the station. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." The required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.1230(a): "The station license and any
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286527A1.html
- may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, Ruby Radio failed to insure that, over the three months prior to the inspection, all tests of the EAS system were conducted. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for ...[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286646A1.html
- both KCTO and KCXL for the period of 5/1/08 to 10/30/08 documented several weeks where only one of the two required weekly tests or actual EAS activation had been received by the station. No entries were found documenting the reasons why no test or activation had been received from their second monitoring source during those weeks. d. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for completion of the following duties... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-287331A1.html
- did not transmit any EAS activation during five of those weeks. This includes the weeks of 8/24-8/30, 9/21-9/27, 10/5-10/11, 10/19-10/25 and 11/16-11/22. Of the weeks when tests were conducted, the tests were not conducted at random days and times. The tests that were initiated by KEYN-FM were typically on Tuesday mornings between 7 am -11 am. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties ... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-287503A1.html
- through October 19, 2008. The broadcast station records contained no reasons why weekly tests were not received. At the time of inspection, the broadcast station records contained no entry of the retransmission of the October Monthly test received on September 3, 2008. The broadcast station records contained no reasons why the monthly test was not retransmitted. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, a copy of the chief operator designation was not posted with the station license or in the public inspection file. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-288511A1.html
- periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996. c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records [by the Chief Operator] at least once each week to determine if required entries are being made correctly... . Upon completion of the review, the chief operator or his designee must date and sign the log. . . ." At the time of inspection, the agent observed that the station logs for the month of
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- is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure." At the time of inspection, no Antenna Structure Registration Number was readily visible near the base of the tower. b. 47 C.F.R. S: 73.1870(b) (3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no designation of the chief operator posted with the station license. c. 47 C.F.R. S: 73.1870(c) (3): Review of the station records at least once each week to determine if
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- except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements." At the time of inspection, there were no equipment performance measurements available for inspection. f. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for completion of the following duties... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
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- logs indicating when the station commenced determination of operating power by the indirect method. c. 47 C.F.R. S: 73.1226: "The following shall be made available to any authorized representative of the FCC upon request: Station records or logs." There was no evidence of any station logs (no EAS or any operating logs) at the main studio. d. 47 C.F.R. S: 73.1870(a): "The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator." There was no written designation of chief operator posted at the station. e. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license..." On the evening
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-295911A1.html
- issued pursuant to Section 1.89 of the Commission's Rules to Stone/Collins Communications, Inc., licensee of radio station WEPG in South Pittsburg, Tennessee. 2. On August 19, 2009, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected the main studio of AM radio station WEPG located in South Pittsburg, Tennessee, and observed the following violation(s): a. 47 C.F.R. S: 73.1870(a) and (c): "The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator...The chief operator is responsible for...[i]nspections and calibrations of the transmission system, required monitors, metering and control systems and any necessary repairs or adjustments...Review of the station records at least once a week to determine if required entries are being made correctly...Upon
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- in S:S:11.35(a) and 11.54(b)(13)." Although the station's EAS equipment was operational and all required tests were sent and received, a review of the station records showed a failure to log any tests sent during the month of August 2009 and a failure to log required monthly tests sent between August 1, 2009 and December 1, 2009. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material." At the time of inspection, the most current ownership report or certifying statements were not in the station's public inspection file. f. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. g. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating
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- 15, 2009, July 13, 2009, and August 2, 2009. Entries were not made in the EAS logs to show required monthly EAS tests retransmitted for the months of January, February, March, May, June, and July of 2009. There were no entries in the station logs indicating the reason why the required EAS tests were not received. c. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis." At the time of inspection, Clarion
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- station log as specified in S: 73.1820 and S: 73.1840 of this chapter . . ." At the time of the inspection, the Los Angeles agent found daily EAS log sheets automatically produced by the EAS encoder/decoder, with dates going back over one year, but with no indications that any tests were either received or sent. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for the following duties specified in this paragraph below... (3) Review of the station records at least once per week to determine if required entries are being made correctly...Upon completion of the review, the chief operator or his designee must date and sign the log, indicate any corrective action which may be necessary, and advise
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-297322A1.html
- educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows:...upon initial installation of a new or replacement main transmitter." At the time of the inspection, no equipment performance measurements were available when the main transmitter was installed and operational in December 2008. h. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no written designation posted with the station license designating the chief operator. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize
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- time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years prior to the agent's inspection and that it failed to include the one request for broadcast time in the public inspection file. f. 47 C.F.R. S:S: 73.1870(b)(3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. g. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. . .the
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- in EAS Participants records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time of the inspection, there were no entries in the station log indicating that the required monthly tests were conducted for the months of May and June, 2010. There were no entries in the log indicating why the required monthly tests were not conducted. a. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. . . the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
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- July 28, 2010, agents of the Enforcement Bureau's Atlanta Office monitored WFLI-TV, and then inspected the station's main studio in Chattanooga, TN on July 29, 2010 and observed the following violation(s): a. 47 C.F.R. S: 11.52(d): EAS participants must monitor two assigned EAS sources." The station was monitoring only one of the two assigned monitoring sources. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.1201(a)(2): "Broadcast station identification announcements shall be made...hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television
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- each test and activation of the EAS pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook." The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. c. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the station logs on a weekly basis. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The
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- Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in S:S: 73.1820 and 73.1840 of this chapter for all broadcast streams .." Although the station's EAS equipment was operational, station KHVN's EAS log was missing entries. The missing entries were not explained in the log. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most
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- not received must be made in the broadcast station log as specified in S:S: 73.1820 and 73.1840 of this chapter for all broadcast streams .." Although the station's EAS equipment was operational, the station did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.3526(e)(12): "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
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- intervals, as specified in paragraphs (a)(1) of this section.... All tests will conform with the procedures in the EAS Operating Handbook. (1) Required Monthly Tests of the EAS header codes, Attention Signal Test Script and EOM code. During the inspection, a station representative reported that no monthly test had been conducted for the month of July. c. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Clarion Communications, Inc. ("Clarion"), licensee of Station WYXC, Cartersville, Georgia. 2. On February 10, 2011, agents of the Enforcement Bureau's Atlanta Office inspected the main studio of Station WYXC located at Cartersville, Georgia, and observed the following violation(s): a. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator..." At the time of inspection, there was no designated chief operator. b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1)
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- Emergency Alert System Plan for Pennsylvania specifies that WFYL must monitor Local Primary Stations WMGK and WHYY. Although Station WFYL's EAS equipment was set up to monitor Station WMGK and WHYY, there were no entries in the station's logs indicating why the station had not received any EAS alerts from Station WHYY since January 20, 2011. b. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- S: 11:52(d): "EAS participants must monitor two EAS sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." At the time of the inspection, WBKI-TV was not monitoring the correct local primary stations as required by the preliminary Kentucky EAS plan. c. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no written designation of the chief operator. d. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.
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- and observed the following violation(s): a. 47 C.F.R. S: 17.4(g): "Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." At the time of inspection, there was no antenna structure registration number posted at or near the base of the antenna structure. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no designation of the current chief operator posted with the station license. c. 47 C.F.R. S: 11.15: "The EAS Operating Handbook states in summary form the actions to be taken by personnel
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- ... are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities..." The Emergency Alert System Plan for New Jersey specifies that WVLT must monitor a Primary Entry Point Station and WENJ 97.3 MHz. At the time of inspection, WVLT was not monitoring a Primary Entry Point Station. b. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log...." At the time of inspection, there was no indication that the logs were being signed and dated by the chief operator. 3. As the
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- station KLBM located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-309789A1.html
- station KBKR located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-309790A1.html
- station KKBC-FM located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-309791A1.html
- station KRJT located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired." At the time of the inspection, agents determined that KHWG(AM) failed to maintain a station log. f. 47 C.F.R. S: 73.1870(a) and (b)(3): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. The designation of the
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312556A1.html
- the station were performed on October 9, 2009. c. 47 C. F. R. S: 73.1840(a): "Any log required to be kept by station licensees shall be retained by them for a period of 2 years." At the time of the inspection on December 15, 2011, the logs for the year 2010 were not available. d. 47 C. F. R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner."... "(3) Review of the station records at least once each week to determine if
- http://transition.fcc.gov/eb/FieldNotices/2003/DOC-312809A1.html
- the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams..." At the time of the inspection, there were no entries in KCBD-TV logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had been sporadically missed over the three months prior to the inspection. c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log...." At the time of inspection, there was no indication that the logs were being reviewed by the chief operator. 3. Pursuant to Section 308(b)
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- Chief, Enforcement Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of
- http://transition.fcc.gov/eb/Orders/2001/da01184.doc http://transition.fcc.gov/eb/Orders/2001/da01184.html
- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition for reconsideration, Joy
- http://transition.fcc.gov/eb/Orders/2001/da011929.doc http://transition.fcc.gov/eb/Orders/2001/da011929.html
- of Sections 11.35(a) (failure to install EAS equipment so that monitoring and transmitting functions are available), 73.49 (failure to enclose the AM antenna tower within an effective locked fence or other enclosure), 73.1820(a)(1)(iii) (failure to maintain logs of EAS tests), 11.15 (failure to maintain a copy of the EAS Operating Handbook at normal duty positions or EAS equipment locations), and 73.1870(a) (failure to designate a chief operator in writing with a copy posted with the station authorization). On February 20, 2001, Hancock submitted a response to the NOV in which it indicated that the violations had been corrected. On April 4, 2001, the New Orleans Office issued the subject NAL to Hancock for failure to install EAS equipment so that monitoring
- http://transition.fcc.gov/eb/Orders/2001/da012036.doc http://transition.fcc.gov/eb/Orders/2001/da012036.html
- 1.80. 5 47 U.S.C. 503(b). 6 47 U.S.C. 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. 0.111, 0.311,
- http://transition.fcc.gov/eb/Orders/2001/da01926.doc http://transition.fcc.gov/eb/Orders/2001/da01926.html
- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition for reconsideration, Joy
- http://transition.fcc.gov/eb/Orders/2001/fcc01197.doc http://transition.fcc.gov/eb/Orders/2001/fcc01197.html
- willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce the forfeiture to $10,000. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office ("Denver Office") conducted a routine inspection of FM broadcast station KNEC. The agents found several violations, including those noted above. On June
- http://transition.fcc.gov/eb/Orders/2002/DA-02-03A1.html
- forfeiture in the amount of eight thousand dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log).1 II. BACKGROUND 2. On January 12, 2001, the FCC's Seattle, Washington District Office ("Seattle Office") received information from the Enforcement Bureau's Technical and Public Safety Division indicating that KMAX(AM) was not reducing its
- http://transition.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
- The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would
- http://transition.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
- Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness;13 Section 11.15 (EAS operating handbook) by failing to maintain a copy of the EAS Operating Handbook at normal duty stations;14 Section 73.1820 (station log) by failing to keep a station log;15 Section 73.1125 (station main studio location and staffing) by leaving the station's main studio unattended;16 and Section 73.1870 (chief operators) by failing to designate a chief operator at the station.17 III. Discussion 7. Unauthorized Transfer of Control. Section 310(d) of the Act provides in pertinent part: No construction permit or station license, or any rights thereunder, shall be transferred, assigned or disposed of in any manner, voluntarily, directly or indirectly, or by transfer of control of any corporation
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- and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license should be revoked.5 3. The OSC also
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- 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). 7 On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. 8 On September 23, 2002, the Kansas City Office issued an NAL for a $9,000
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- 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'').1 Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor F for each mode
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- ) ) ) FORFEITURE ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, for willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (``Rules'').1 The noted violations involved Pacifica's failure to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failure to verify the log in writing by the chief operator. 2. In a March 26, 2003 Notice of Apparent Liability for Forfeiture (``NAL''),2 the District Director of the Commission's Columbia, Maryland Office (``Columbia Office'')
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- this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to WSJM, Inc. (``WSJM''), licensee of Station WGMY (AM), South Haven, Michigan, for willful violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules;1 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1);2 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a);3 and 4) failure to exhibit red obstruction
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- I VIOLATIONS Violation Citation Station(s) Unauthorized 47 U.S.C. KFRA, KDDK Transfer of 310(d) Control Failure to 47 C.F.R. KFRA, KDDK Install/Maintain 11.35, 73.1250, EAS Equipment 73.1300, 73.1350(h) Failure to 47 C.F.R. KDDK Register Antenna 17.4(a)(1), (g) Structure and Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15,
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- 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 7 FCC Rcd at 6802. NAL at P 11. See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878 (2003). Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 7 FCC Rcd at 6802. See 47 C.F.R. S 73.1870. 47 C.F.R. S 73.1635 (Special Temporary Authorization); 47 C.F.R. S 73.1740 (Minimum Operating Schedule). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1125(a). 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 06-664 1 2 Federal Communications Commission DA 06-664 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-664A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-664A1.doc
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- the date said payment is made to NER-Response@fcc.gov 13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Viva Communications Group, LLC, at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). See Letter from Aaron K. Bikofsky, Counsel for Viva, to FCC Buffalo Office, dated January 16, 2008. At the request of FCC staff, Viva
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- of three co-located stations with public files missing multiple quarterly issues/programs lists). We note that Pacific Empire had a history of compliance with the Rules prior to the August 11, 2011, inspection by the Portland agent. Along with the instant NAL, this inspection resulted in Notices of Violation issued against each of the Stations for violations of Sections 11.61(b) and 73.1870(b)(3) of the Rules, concerning Emergency Alert System logs and Chief Operator designation. See, e.g., Pacific Empire Radio Corp., Station KLBM, Notice of Violation, V201132920031 (rel. Sep. 8, 2011). Because these violations were observed during the same inspection as the violations described in this NAL, we do not believe that they negate Pacific Empire's history of compliance prior to the inspection.
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- a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only where the petitioner
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- 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this case was issued
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- Office (4/24/02). * Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870
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- Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System
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- Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.951 Duty to Respond to Official Communications * Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office (1/7/02). * PCK Systems, Muncie, IN. Philadelphia, PA District Office (1/7/02). * Western Pennsylvania SMR Partnership, Las
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- Diego, CA District Office (2/12/02). * Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). * Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). * Cornerstone Television, Wall, PA. Other violations: 47 C.F.R. 17.17 (Existing Structures) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (2/15/02). * D.L. Van
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- 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225
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- Cablevision Systems of New York City Corporation, Bethpage, NY. $3,000 NAL. New York, NY District Office (2/14/03). * Pearson Broadcasting of Mena, Inc., KTTG(FM), Mena, Arkansas. $2,000 NAL. New Orleans, LA District Office (2/18/03). * Chatterbox, Inc., WQXB(FM), Grenada, MS. $2,000 NAL. New Orleans, LA District Office (3/17/03). * Pacifica Foundation, WPFW, Washington, DC. $3,000 NAL. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District Office (3/26/03). * Time Warner Cable. $3,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * CB Radio, Inc., Elizabethton, TN. $3,000 NAL. Atlanta, GA District Office (1/23/03). * FrontierVisision Operating Partners, L.P., Coudersport, PA. $6,000 NAL Detroit,
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- Seattle, WA District Office (12/30/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Response to Notice of Violation * Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). * 47 C.F.R. 1.903 Authorization Required * Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Minority Business and Housing Development, Inc., WYGG, Uniondale, NY. $13,000
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- Inc., KSQY-FM, Deadwood, South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation
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- Office (6/28/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. 73.1870 (Chief Operators). Chicago, IL District Office (6/1/00). Citadel Communications Corp., WBSM(AM), Fairhaven, MA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations:
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- Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL
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- 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta, GA District Office (8/02/00) Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61(Tests of EAS Procedures). Atlanta, GA District Office (8/02/00). Cumulus
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- Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Tri-State
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- District Office (10/30/00). 47 C.F.R. 11.15 - EAS Operating Handbook Sheyenne Valley Broadcasting Inc. Lisbon ND. Other violations: 47 C. F. R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4(g) (Antenna Structure Registration Posting), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.51 (Times When Lights Should Be Exhibted), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Broadcast Stations). Saint Paul, MN Resident Agent Office (10/2/00). Harbish Corporation, Brookfield, WI, WJMR. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870
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- (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook Discussion Radio, Inc.,
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- C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office (1/12/00). Batavia Broadcasting Company, Batavia, NY. Boston, MA Office (2/1/00).
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- System (EAS) Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key
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- WTIX, Inc., New Orleans, LA. New Orleans, LA Office (4/11/00). 47 C.F.R. 73.1545 (Carrier Frequency Departure Tolerances) The Entertainment Network, Inc., Springfield, MO. Kansas City, MO (4/18/00). 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) Brown Broadcasting Service, Inc., WBUR, Providence, RI. NOV also issued for violation of 47 C.F.R. 73.1800 (General requirements related to station log), 73.1870(b)(3) (designation of chief operator), 73.3526(e)(12) (requirement to include quarterly radio issues/program list in public inspection file). New England District Office (4/18/00). 47 C.F.R. Part 76 (Multichannel Video and Cable Service Rules) 47 C.F.R. 76.605(a)(12) (Cable Signal Leakage) Classic Cable. Dallas, TX Office (4/13/00). Classic Cable, Mound City, KS. Kansas City, MO Office (4/13/00). Classic Cable, Boonville, MO. Kansas City,
- http://transition.fcc.gov/eb/Public_Notices/da011019.doc http://transition.fcc.gov/eb/Public_Notices/da011019.html
- Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/14/01). New Life Evangelistic Center, Inc., Leavenworth, KS. Other
- http://transition.fcc.gov/eb/Public_Notices/da01102.doc http://transition.fcc.gov/eb/Public_Notices/da01102.html
- File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73. 1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and
- http://transition.fcc.gov/eb/Public_Notices/da011314.doc http://transition.fcc.gov/eb/Public_Notices/da011314.html
- Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Corry Communications Corp,
- http://transition.fcc.gov/eb/Public_Notices/da011644.doc http://transition.fcc.gov/eb/Public_Notices/da011644.html
- and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other violations: 47 C.F.R. 95.413 ((CB Rule 13) What Communications Are Prohibited). New Orleans, LA District Office (5/3/01). Specialty
- http://transition.fcc.gov/eb/Public_Notices/da011756.doc http://transition.fcc.gov/eb/Public_Notices/da011756.html
- Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of
- http://transition.fcc.gov/eb/Public_Notices/da012031.doc http://transition.fcc.gov/eb/Public_Notices/da012031.html
- Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams,
- http://transition.fcc.gov/eb/Public_Notices/da012273.html http://transition.fcc.gov/eb/Public_Notices/da012273.pdf
- Exhibited * Eure Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1350 Transmission System Operation * Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Robert E. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). * Statcom Communications Corp., WPPH856, New York, NY. New York, NY District Office (8/22/01). * 47
- http://transition.fcc.gov/eb/Public_Notices/da012540.html http://transition.fcc.gov/eb/Public_Notices/da012540.pdf
- Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (9/12/01). * Keene of Iowa, Inc., Independence, IA. Other violation: 47 C.F.R. 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/17/01). * Adelphia Cable System, Danville, VA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Norfolk, VA Resident
- http://transition.fcc.gov/eb/Public_Notices/da012818.html http://transition.fcc.gov/eb/Public_Notices/da012818.pdf
- Keil Oil, Inc., KAZ232, Riverdale, NJ. Other violation: 47 C.F.R. 90.403 (General Operating Requirements). New York, NY District Office (10/19/01). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * New Life Evangelistic Center, Inc., New Bloomfield, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.1840 (Retention of Logs), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Kansas City, MO District Office (10/1/01). * CB Radio, Inc., WBEJ, Elizabethton, TN. Other violations: 17.4(g) (Posting of Antenna Structure Registration Number), 73.51 (Determining Operating Power), and 73.1590 (Equipment Performance Measurements). Atlanta, GA District Office (10/4/01). * Charter Communications, Dalton, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operational
- http://transition.fcc.gov/eb/Public_Notices/da012948.html http://transition.fcc.gov/eb/Public_Notices/da012948.pdf
- Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local
- http://transition.fcc.gov/eb/Public_Notices/da01541.doc http://transition.fcc.gov/eb/Public_Notices/da01541.html
- 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/8/01). Redna Broadcasting Corporation, Pittsburg, PA., WJAS(AM). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.51 (EAS Code and Attention Signal Transmission Requirements), 11.61 (Tests of EAS Procedures), 17.4(a) (Antenna Structure Registration), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.49 (AM Transmission System Fencing Requirements), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (1/16/01). Radio for the Blind & Handicap, Inc., WRBH(FM), New Orleans, LA. Other violations: 47 C.F.R. 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). New Orleans, LA District Office (1/24/01). Hancock Broadcasting Corporation, WBSL(AM), Bay St. Louis, MS. Other
- http://transition.fcc.gov/eb/Public_Notices/da01711.doc http://transition.fcc.gov/eb/Public_Notices/da01711.html
- Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 17.4(a) (Antenna Structure Registration), 17.48 (Notification of Extinguishment or Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1125 (Station Main Studio Location), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (2/14/01). 47 C.F.R. 1.89 - Failure to Respond to Notice of Violation Woodhaven Investment Trust Inc, Philadelphia, PA. Philadelphia, PA District Office (2/22/01). 47 C.F.R. 1.903 - Authorization Required Condado Plaza Hotel & Casino, San Juan, PR. San Juan, PR Resident Agent Office (2/20/01).
- http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
- expected to be technically competent for the task. Eliminating such a position would appear to go outside the scope of this proceeding, which has been oriented largely toward the roles of licensed duty operators. However, after reviewing the current and pro posed regulations regarding technical personnel, the Com mission has concluded that proposed Section 973.1350(b) is somewhat duplicative of Section 73.1870 (which requires the designation of a chief operator). Therefore, the pro posed rule will not be adopted. Permissible methods for remote transmitter control 37. Also emphasized in the Notice was the need for licensees to have prompt access to metering and control of their transmitters, particularly the ability to turn the trans mitter off in the event of a malfunction.
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- [555]TEXT [556]PDF 73.1730 Specified hours. [557]TEXT [558]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.html http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.txt http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000225.wp
- This order imposes a forfeiture against Arnold Broadcasting Company, Inc. (``Arnold Broadcasting'') in the amount of $16,000 pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 503(b), and Section 1.80 of the Commission's Rules (``the Rules''), 47 C.F.R. 1.80, for willful violations of Sections 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870 of the Rules, 47 C.F.R. 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870. These violations include failure to comply with the Rules for Emergency Alert System (``EAS'') equipment and antenna structure registration, as well as numerous violations of the Rules for broadcast stations. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office conducted a routine
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000526.doc
- 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this case was issued
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
- System (EAS) Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002005.doc
- a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only where the petitioner
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000520.doc
- C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office (1/12/00). Batavia Broadcasting Company, Batavia, NY. Boston, MA Office (2/1/00).
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
- System (EAS) Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
- WTIX, Inc., New Orleans, LA. New Orleans, LA Office (4/11/00). 47 C.F.R. 73.1545 (Carrier Frequency Departure Tolerances) The Entertainment Network, Inc., Springfield, MO. Kansas City, MO (4/18/00). 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) Brown Broadcasting Service, Inc., WBUR, Providence, RI. NOV also issued for violation of 47 C.F.R. 73.1800 (General requirements related to station log), 73.1870(b)(3) (designation of chief operator), 73.3526(e)(12) (requirement to include quarterly radio issues/program list in public inspection file). New England District Office (4/18/00). 47 C.F.R. Part 76 (Multichannel Video and Cable Service Rules) 47 C.F.R. 76.605(a)(12) (Cable Signal Leakage) Classic Cable. Dallas, TX Office (4/13/00). Classic Cable, Mound City, KS. Kansas City, MO Office (4/13/00). Classic Cable, Boonville, MO. Kansas City,
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
- Inc., KSQY-FM, Deadwood, South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
- Office (6/28/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. 73.1870 (Chief Operators). Chicago, IL District Office (6/1/00). Citadel Communications Corp., WBSM(AM), Fairhaven, MA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations:
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
- Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
- 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta, GA District Office (8/02/00) Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61(Tests of EAS Procedures). Atlanta, GA District Office (8/02/00). Cumulus
- http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
- Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Tri-State
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
- Section 73.1740 is revised to add paragraph (6) to read as follows. 73.1740 Minimum operating schedule (a) All commercial broadcast stations are required to operate not less than the following minimum hours: * * * * * Class A TV stations. Not less than 18 hours in each day of the week. * * * * * 35. Section 73.1870 is amended to read as follows: 73.1870 Chief operators. (a) The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief
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- Medical Implant Device 500 Employees or Fewer Manufacturers Hospitals $29 Million in Annual Receipts or Less Nursing Homes $11.5 Million in Annual Receipts or Less Hotels and Motels $6 Million in Annual Receipts or Less Tower Owners (See Lessee's Type of Business) _________________________ 1 47 C.F.R. 11.35(a), 11.35(c) and 11.61. 2 47 U.S.C. 503(b). 3 47 C.F.R. 11.35, 11.61(a)(1) & 73.1870(c)(3). 4 47 U.S.C. 503(b). 5 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent
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- ) FRN: 0007-96-0818 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Melodynamic Broadcasting Corporation, (?Melodynamic?), licensee of radio station WCER, Canton, Ohio, has apparently violated Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station respond to Commission communications; maintain a copy of the Emergency Alert System (EAS) handbook; maintain a record of the dates of commencement and termination of power determination by the indirect method; maintain a record of the efficiency factor F for each mode of operation; make available the record
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- no entries in the station log indicating the failure to receive the required EAS tests or notifications. There were no entries in the station log indicating the designated chief operator had reviewed them. 3. On July 11, 2002, the Buffalo Office issued a Notice of Violation (``NOV'') to Arrow citing Sections 11.35(a), failure to have an operational EAS system, and 73.1870(c)(3)2, failure to have the designated chief operator review the logs. On July 23, 2002, Arrow submitted a written reply stating that an audio ground wire inside the EAS equipment had come loose, and that they had corrected the problem. Arrow also stated it has instructed its staff to log tests whenever they are received and reminded the chief operator to
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- locked fence, failed to maintain the carrier frequency within tolerance, failed to have the chief operator review the station records as least once per week, and failed to allow access to the public inspection file. 3. On August 27, 2002, the Columbia Office issued a Notice of Violation to MRJ for violation of Sections 11.15, 11.52(a), 11.52(d), 17.4, 73.49, 73.1545(a), 73.1870(c)(3), and 73.3526(c) of the Rules2. In reply by fax dated September 5, 2002, MRJ stated that they were going to have a consultant fill out the antenna registration form, a contractor had reset the fence posts, and the licensee stated the public inspection file was in a publicly accessible location. 4. On September 20, 2002, the Columbia Office issued a
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- and not maintaining a record of observed or otherwise known extinguishment or improper functioning of a structure light. We also find that Citicasters has apparently willfully violated sections 73.1125 and 73.1400(a) of the Commission's Rules3 by not maintaining a meaningful staff presence at the main studio and operating station KACD unattended. Further, we find that Citicasters apparently willfully violated sections 73.1870(a) and 73.1870(c)(3) of the Commission's Rules4 by not designating a person to serve as the station's chief operator and the failure of a chief operator to review the station records at least once each week to determine if the required entries are being made correctly and to date and sign the log. We conclude that Citicasters is apparently liable for
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- with the KGGF directional operation. In addition, the station was not receiving EAS tests from one monitoring source. 3. On May 7, 1998, the Kansas City Office issued a Notice of Violation (``NOV'') to KGGF-KUSN, Inc. for violations detected during the May 1, 1998 inspection of KGGF. The NOV specifically cited 47 C.F.R. 11.17, 11.35(a), 73.1225(c), 73.1350(c), 73.1350(d), 73.1560(a) and 73.1870(c)(3). 4. On May 18, 1998, a reply was received to the NOV from KGGF-KUSN, Inc. President, John B. Mahaffey. In that reply, Mr. Mahaffey stated that station personnel were unaware that the station was required to receive two EAS weekly tests and that they would follow up with each of the monitoring sources if they do not receive a weekly
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- they are readily available and easily accessible, failure to have sufficient transmission system monitoring and control capability, failure to maintain the input power at no less than 90%, failure to maintain a station log, and failure to have a designated chief operator. The NOV cited Rego for non-compliance with Sections 11.35(a), 11.61(a)(1)(v),. 11.61(a)(2)(i)(A), 73.54(d), 73.1230(b), 73.1350(b)(2), 73.1400(a)(1)(ii), 73.1560(a)(1), 73.1800(a), and 73.1870(a) of the Rules.3 5.On May 1, 2001, the Chicago office received a response to the NOV from the Law Offices of Keller and Heckman, LLP, Rego's legal representatives. In their reply, they acknowledged the various oversights and discrepancies associated with the station. However, they stated at the time of the inspection Rego was in the process of correcting the deficiencies
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- and a receptionist. All station operation, other than accounts receivable, were under the direction and oversight of Wilks. 8. On June 18, 2001, FCC Kansas City issued an NOV to Two Rivers for the violations detected during the May 29, 2001, inspection. Violations included 47 C.F.R. 11.61(a)(2), 11.35(a), 17.47(a)(1), 17.47(a)(2), 17.47(a)(3), 17.48(a), 17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3). 9. On June 6, 2001, Two Rivers submitted documentation supporting their claim that they were the owners of antenna structure #1028734. The structure was acquired by Two Rivers as part of an asset exchange agreement dated March 7, 2000. Two Rivers made application to the FCC on June 6, 2001 to have the ownership of the structure changed to reflect
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- District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Palouse Country, Inc., licensee of radio broadcast station KMAX (AM) in Colfax, Washington has apparently violated Section 503(b) of the Communications Act of 1934, as amended (``Act'')1 and has apparently willfully and repeatedly violated Sections 73.1400(a)(1)(ii), 73.1560(a), 73.1580, and 73.1870(c)(3) of the Commission's Rules2 by operating the station without required monitors, operating in non-compliance with the station license regarding power, failing to perform periodic complete inspections of the transmitting system, and failing to provide verification that the station has been operating as required by the Rules or the station authorization with appropriate log entries in the station log. We conclude
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- 19. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail, Return Receipt Requested, to Cornbelt Broadcasting Co., RR2 Box 117M, Clinton, Illinois 61727-9518. 20. 21. FEDERAL COMMUNICATIONS COMMISSION 22. 23. 24. G. Michael Moffitt District Director Chicago Office _________________________ 1 47 C.F.R. 11.35(a), 17.4(g), and 73.49. 2 47 C.F.R. 73.51, 73.1870(a), 73.3526(e)(5), 73.3526(e)(8), 73.3526(e)(73.51(e)(2), 73.1560(d), and 73.1590(a)(6) 3 47 C.F.R. 1.80. 4 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies to Section 503(b) of the Act, provides that ``[t]he term `willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to
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- FRN: 0007 1714 32 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 17, 2003 By the District Director, Detroit Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that WSJM, Inc., (?WSJM?), licensee of radio station WGMY, South Haven, Michigan, has apparently violated Sections 11.52(d), 11.61(a)(2)(i)(A), 17.4(a), 17.47(a)(1), 17.51(a), 73.1820(a)(1)(i), 73.1820(a)(1)(iii), and 73.1870(c)(3) of the Commission's Rules (?Rules?)1. Respectively, these sections require that the station monitor two EAS sources specified in the State EAS Plan; conduct tests of the EAS header and EOM codes at least once a week at random days and times; register the two antenna structures; observe the antenna structure's lights at least once each 24 hours either visually or
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- Washington, DC ) ) FRN: 0007 2593 10 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 26, 2003 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, has apparently violated Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (the ``Rules''),1 by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and by failing to verify the log in writing by the chief operator. We conclude that Pacifica is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND 2. On February 14, 2003, an
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- located at 43 04' 52'' North Latitude and 70 00' 58'' West Longitude in Niagara Falls, New York, was not registered with the Commission. The written designation of the chief operator was not available. 3. On September 23, 2002, the Buffalo Office issued a Notice of Violation (``NOV'') to Phillips, citing Sections 11.35(a), 11.52(d), 11.61(a)(1)(i), 11.61(a)(2)(i)(A), 17.4(c), 73.1125(d)(1), 73.1560(a)(1), and 73.1870(b)(3)2. On October 6, 2002, Phillips submitted a written response. The response stated that the failure to conduct and log required EAS tests was inadvertent and the problem will not reoccur, the station was now monitoring two EAS sources, the station will submit proper forms to register the tower, and the station provided a copy of the written chief operator designation.
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- October 20, 2003. d. 47 C.F.R. 73.1745(a): ``No broadcast station shall operate at times, or with modes or power, other than those specified and made part of the license ...'' WIMG- AM's logs demonstrate that on October 1, 2, 4, 8, 9, 30 and November 1, 2003, the station was operating with daytime power during nighttime hours. e. 47 C.F.R. 73.1870(b)(3): ````The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'''' At the time of inspection, there was no designation of the chief operator in writing. f. 47 C.F.R.
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- TV stations must conduct test of the EAS header and EOM codes at least once a week at random days and times at least once a week at random days and times.'' The station's logs indicated that no tests had been transmitted from October 9, 2003 through November10, 2003 and from November21, 2003 through December 28, 2003. 5.d. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- the station monitoring WGN, the designated LP-2 for that area. 5.b. 47 C.F.R. 11.61(a)(1)(v): ``...These monthly tests must be transmitted within 60 minutes of receipt by broadcast station or cable systems in an EAS Local Area or State.'' There was no evidence that the required monthly tests were performed during the months of November or December, 2003. 5.c. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- tests were sent, and they were sent during the same week. 2.c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, there were only two entries of EAS tests sent. 2.d. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- to December 13, 2003, no EAS tests were sent. 2.d. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from November 2, 2003 to December 13, 2003, no entries of EAS tests were entered in the station log. 2.e. 47 C.F.R. 73.1870(c)(3): ``Chief Operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- EAS weekly receive tests were missing from December 1 through January 24, 2004. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' At the time of inspection, there were missing EAS receive tests from December 1 through January 24, 2004. d. 47 C.F.R. 73.1870(b)(3): ``Chief operators...The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. e. 47
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- and at random days and times...'' During January 2004, no weekly EAS tests were sent. d. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 28, 2003 through January 31, 2004, there were missing EAS receive tests. e. 47 C.F.R. 73.1870(b)(3): ``Chief operators. The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.'' At the time of inspection, there was no written designation of the chief operator available. f.
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- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- the period September 7, 2003 to January 31, 2004, there were missing EAS send tests. c. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period September 7, 2003 to January 31, 2004, there were missing EAS receive tests. d. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- be made in the station log for ``...each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of Part 11 of this chapter and the EAS Operating Handbook.'' At the time of the inspection there were numerous entries missing from the logs for the period of January 1, 2003 through March 1, 2004. 5.d. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 5.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``Review of the station records at least once each week to
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- time of the inspection the visual carrier frequency was 6300 Hz below the assigned frequency. 2)e. 47 C.F.R. 73.1820(a)(1)(iii): ``Station Log. Entries must be made in the station log...An entry of each test and activation of the Emergency Alert System (EAS)...'' During the period from August 24, 2002 to April 2, 2003, there were no logs available. 2)f. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if required
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- the required entries in the log manually at that time.'' Entries in the EAS logs of station KCKL(FM) dated February 12, March 4, and May 11, 2003 indicated failure or malfunctioning of the printer that station KCKL utilized for automatic EAS logging; however, station KCKL failed to manually make entries of EAS tests received at those times. 2)e. 47 C.F.R. 73.1870(c)(3): ``Chief operators...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. . . . Review of the station records at least once each week
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- establish monitoring procedures and schedules for the station. The station did not have monitoring procedures or schedules established. 2.l. 47 C.F.R. 73.1350(c)(2): Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. At the time of inspection calibration procedures and schedules had not been established. 2.m. 47 C.F.R. 73.1870(b)(3): The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection no letter was posted or found to designate a person to serve as the station's chief operator. Mr. Jerry Hutchinson, president of the station, indicated that Kevin Block is the chief operator. 2.n.
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- the Commission. 2.e. 47 C.F.R. 73.1400(4)(b): ``Unattended operation. Unattended operation is either the absence of human supervision or the substitution of automated supervision of the station's transmission system for human supervision.'' At the time of the inspection the station didn't have direct supervision or a remote control system to control the transmission system parameters after 9:00 P.M. 2.f. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license. At the time of the inspection, the station did not have a written designation of the chief operator. 2.g. 47 C.F.R 73.3526(e)(5): ``Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the
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- TV stations must conduct tests of EAS header and EOM codes at least once a week at random days and times.'' The EAS printouts showed that the weekly transmits from January 28, 2004 to May 12, 2004, were each transmitted on Wednesday at 3:25 a.m. and were therefore not conducted on random days and at random times. 2.d. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, the station did not have a written designation of the chief operator. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Nassau
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- must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.'' At the time of the inspection, only one of the three EAS receivers in the system was properly functioning. 2)c. 47 C.F.R. 73.1870(c)(3): ``Chief operators. ...The chief operator is responsible for completion of the following duties specified in this paragraph below. When the duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner...Review of the station records at least once each week to determine if
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- information more recent that 1985. Specific omissions noted were: 1) most recent license renewal; 2) contour map; 3) ownership report/certification; 4) employment report; and 5) donor lists. In addition, the most recent version of ``The Public & Broadcasting'' manual was not available. The most recent version of that manual can be accessed online at http://www.fcc.gov/mb/audio/decdoc/public_and_- broadcasting.html . 2.d. 47 C.F.R. 73.1870(a)(3) ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the inspection on August 18, 2004, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section
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- convenient location; however, this log is considered a part of the station log.'' No EAS logs were available prior to March 10, 2004. 47 C.F.R. 73.1840 (a): ``Any log required to be kept by station licensees shall be retained by them for a period of 2 years''. No station logs were available at the time of the inspection. 47 C.F.R. 73.1870 (b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, no chief operator designation was posted with the license, or otherwise available for review by the inspectors. 47 C.F.R. 73.3526 (e)(8): ``The public and Broadcasting. At all times, a copy of the
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- the following violations: a. 47 C.F.R. 11.61(b): ``Entries shall be made in broadcast station ... records as specified in 11.54(b)(12).'' A review of station records showed that WTHE failed to log monthly tests from January 1 to March 31, 2005, and failed to log weekly tests from two monitoring sources from January 1 to March 31, 2005. b. 47 C.F.R. 73.1870(c)(3): ``Review of the station logs at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- with the FCC, together with any other information in the application showing service contours and/or main studio and transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station.'' The station contour map was missing from the public inspection file. b. 47 C.F.R. 73.1870(c)(3): ``Review of the station logs at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- Alert System'' must be made in the station log. At the time of the inspection, WKKD could not provide EAS logs. 5.d. 47 C.F.R. 73.1225(b): ``In the course of an inspection or investigation an FCC representative may require special equipment tests.'' At the time of the inspection, the station operator was unable to perform an EAS test. 5.e. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of the inspection, WKKD did not have a written designation of the Chief Operator. 5.f. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for completion of the following duties ... Review of the station records at
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.h. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- at more than 230% of its authorized power. 2.c. 47 C.F.R. 73.1590(a): ``The licensee of each AM, FM, TV and Class A TV station...must make equipment performance measurements for each main transmitter...'' Station staff were not aware of the requirements for equipment performance or spurious and harmonic measurements; nor could they make copies of those measurements available. 2.d. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 2.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- must be made available during that time to duly authorized representatives of the FCC.'' The station stated that it had recently replaced its main transmitter, but did not have any record of the replacement. Equipment Performance Measurements failed to identify (e.g., by providing the manufacturer, FCCID, model number and serial number of) the transmitter that was tested. 2.h. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- by the procedures specified in 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.'' The antenna input power was observed to be 4030 Watts which is less than 90% of the allowed power for daytime operation. 2.b. 47 C.F.R. 73.1870(b)(3): ``The designation of the chief operator must be in writing with a copy of the designation posted with the station license.'' At the time of inspection, the designation of the chief operator was not posted with the station license. 2.c. 47 C.F.R. 73.1870(c)(3): ``Review of the station records at least once each week to determine if required entries are being
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- (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs showed incorrect dates for the Required Monthly Test (``RMT'') and the RWT. On March 7, 2005, the logs showed RMT being received on June 13, 2005, and June 12, 2005 and a RWT on June 7, 2005. 2.f. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- pursuant to the requirements of part 11 of this chapter and the EAS Operating Handbook.'' The station's EAS logs were comprised of the tapes printed by the encoder/decoder. The encoder/decoder date was incorrect, making the dates on the logs all incorrect. At the time of inspection, the EAS equipment was showing a date of April 13, 1995. 2.e. 47 C.F.R. 73.1870(c)(3): The chief operator is responsible for ``[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.'' During the inspection the operator had no knowledge on how to activate the Emergency Alert System (``EAS'') equipment. The equipment was improperly installed, so the transmitting function was not operational. 2.b. Section 73.1870(a) ``The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator.'' A copy of the designation letter was not posted at the station with the station license. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules,
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- conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 647 C.F.R. 73.1560(b). 7See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 8See 47 C.F.R. 1.1914. 947 C.F.R. 73.3526(a). 10See 47 C.F.R. 73.3526(b). 11See 47 C.F.R. 73.3526(c)(1). 1212 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. 1.80.
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- act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act...." See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 6See, e.g., 47 C.F.R. 73.1350(c) (licensees must establish monitoring procedures and schedules for the station); 73.1870(c)(3) (chief operator must review station records at least once each week to determine if required entries are being made correctly and verify that the station has been operated as required). 747 C.F.R. 73.3526(a). 8See 47 C.F.R. 1.1914. 9See 47 C.F.R. 73.3526(c)(1). 1047 C.F.R. 73.1560(a)(1) and 73.3526(c). 1112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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- Enforcement Bureau: 1. This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules1 to Smith and Fitzgerald, Partnership, the licensee of radio station WCOZ in Laporte, Pennsylvania. 2. On September 20, 2005, an agent of the Commission's Philadelphia Office inspected radio station WCOZ in Laporte, Pennsylvania and observed the following violations: 2.a. 47 C.F.R. 73.1870(c)(3): ``The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log, which shall be maintained at a convenient location. At the time of the inspection, there were no entries for monthly or weekly EAS tests. b. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log, which shall be maintained at a convenient location[.] At the time of the inspection, there were several gaps without entries for monthly or weekly EAS tests. b. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for the completion of the following duties specified in this paragraph below...Review of the station records at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review,
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- a. 47 C.F.R. S 11.61(b): "Entries must be made in broadcast station and cable systems and wireless cable systems records as specified in S 11.54(b)(12)." At the time of the inspection, the records for radio stations WUOL-FM, WFPK, and WFPL were missing various EAS entries for the months of February, March, April and May 2006. b. 47 C.F. R. S 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, the designation of the chief operator for stations WUOL-FM, WFPK, and WFPL was not posted. c. 47 C.F.R. S 73.1870(c)(3): Station records shall be reviewed..."at least once a week to determine if required
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- On July 18, 2006, an agent of the Commission's Boston Office inspected radio station WCNI located in New London, CT, and observed the following violations: a. 47 C.F.R. SS 73.1800(a): "The licensee of each station must maintain a station log as required by 73.1820." During the inspection, the agent observed that there were no station logs. b. 47 C.F.R. SS 73.1870(a) and (b)(3): A licensee of an FM station must designate a person to serve as the station's chief operator and such designation must be in writing and posted with the station's license. During the inspection, the agent observed that a chief operator designation was not posted with the station's license and subsequently was informed by the station manager that WCNI
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- station and cable systems and wireless cable systems records as specified in S 11.54 (b)(12)." At the time of the inspection, the records for radio station KCUL(AM) were missing various EAS entries for the months of April and May 2006. Additionally, no entries were noted for the period between April 12, 2006 and May 11, 2006. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. 3.
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- alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- alerts...A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions." At the time of inspection, a copy of the EAS Operating Handbook was not available at the station. b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at least once a week to determine if required entries are being made correctly. ...Upon completion of the review, the chief operator or his designee must date and sign the log..." At the time of the inspection, the chief operator was not signing the station logs to indicate that they had been reviewed. c.
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- the unmodulated carrier, whichever is the lesser attenuation." WSNR was operating at 8,000 watts, and therefore any emissions removed from the carrier by more than 75 kHz must be attenuated 80 dB. Equipment performance records from June 20, 2005 showed that emissions at 1240 kHz were only 71.9 dB below the unmodulated carrier frequency of 620 kHz. f. 47 C.F.R. 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." During the inspection, the agent observed that there was no written designation of the chief operator. g. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if required
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- was operational, but there were no log entries of tests sent between November 1, 2006 and November 13, 2006 and no log entries of the tests received from station WQED between November 1, 2006 and November 13, 2006. Furthermore, there were no entries in the log indicating the reasons why these tests were not sent or received. b. 47 C.F.R. 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
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- follows: ... (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." During the inspection, at least one quarter's Radio issues/programs lists could not be located in the public inspection file. b. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator." 47 C.F.R. S 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." A copy of the designation letter was not posted at the
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- 1.89 of the Commission's Rules, to AAA Entertainment Licensing LLC., licensee of radio stations, WBAZ, WBEA, WEHN, and WEHM, in Amagansett, New York. 2. On November 1, 2006, an agent of the Commission's New York Office inspected radio stations, WBAZ, WBEA, WEHN, and WEHM, located at 249 Montauk Highway, Amagansett, NY 11930, observed the following violations: a. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator." At the time of inspection, the agent was informed that stations, WBAZ, WBEA, WEHN, and WEHM, had not designated a chief operator. b. 47 C.F.R. S 73.3526(e)(1): "A copy of the current FCC authorization to construct
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- and immediately available to staff responsible for authenticating messages and initiating actions." During the inspection, the EAS Handbook was not available. b. 47 C.F.R. S 11.61(b): EAS "entries must be made in broadcast station records as specified in S 11.54(b)(12)." At the time of the inspection, agents found that the station was not maintaining EAS records. c. 47 C.F.R. S 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." During the inspection, the agents observed that there was no written designation of the chief operator. d. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for...review of the station records at least once each week to determine if
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- special EAS log which shall be maintained at a convenient location. However, this log is considered a part of the station log." At the time of the inspection, the agent observed that the entries in the EAS logs did not indicate the date and time of each test and whether the test was sent or received. c. 47 C.F.R. S 73.1870(b)(3): "...The designation of the chief operator must be in writing with a copy of the designation posted with the station license". At the time of the inspection, there was no written designation of the chief operator posted at the station. d. 47 C.F.R. S 73.1870(c)(3): The chief operator shall "[r]eview of the station records at least once each week to
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- less, may operate at less than the authorized power, but not more than 105% of the authorized power." The Special Temporary Authority issued on January 10, 2007, specified a transmitter power output of 9.3 watts. During the inspection, the transmitter output power was measured at 12.5 watts, which constitutes 134% of the authorized transmitter power output. d. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator." At the time of inspection, there was no chief operator designation available 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, WVRM, Inc., must submit
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- review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources." At the time of the inspection there was only one audio source connected to the EAS Decoder. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- review of the log back through December 1, 2006 found no reception of test or activations. There were no entries indicating why the tests were not received. b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources." At the time of the inspection there was only one audio source connected to the EAS Decoder. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- c. 47 C.F.R. S: 73.1350(c)(1) & (d)(3): Licensees must establish monitoring procedures and schedules for the station. The station could not provide a copy of the monitoring points and had no directional antenna monitor installed at the station. The licensee had no evidence that it had established monitoring procedures or schedules for the station's transmission system. d. 47 C.F.R. S: 73.1870(c)(3): The chief operator is responsible for ... review of the station records at least once each week to determine required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- Washington, D.C. 20554. 22. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Viva Communications Group LLC at its address of record. FEDERAL COMMUNICATIONS COMMISSION David Viglione Resident Agent Buffalo Office Northeast Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). 47 U.S.C. S: 503(b). Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to violations for which forfeitures are assessed under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of
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- pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that MBHD is apparently liable for forfeiture in the amount of twenty-five thousand dollars ($25,000). We also admonish MBHD for failing to post its station license, failing to maintain a station log, and failing to designate a chief operator, as required under Sections 73.1230, 73.1800, 73.1820, and 73.1870 of the Rules. II. BACKGROUND 2. WYGG's station license (File No. BLED-19940304KZ) authorizes WYGG to operate with an antenna height of 14 meters above ground level ("AGL") at the coordinates 40DEG 13' 01'' north latitude and 074DEG 00' 33'' west longitude. The station license also provides that the licensee must "reduce power or cease operation as necessary to protect persons
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- by the direct and the indirect methods, and with other such instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system." At the time of inspection, the common point current meter and remote transmission system monitoring equipment were malfunctioning, leaving station personnel with no ability to determine the station's operating power. c. 47 C.F.R. S: 73.1870(a): "Each AM, FM, TV, or Class A TV broadcast station must designate a person to serve as the station's chief operator." At the time of inspection, a written designation of a chief operator for station KHLT could not be located and station personnel were unaware of the requirement to maintain a chief operator. 3. Pursuant to Section 308(b) of the
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- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Barker Broadcasting Company ("Barker"), licensee of radio station WKLB(AM) in Manchester, Kentucky. 2. On February 13, 2008, agents of the Commission's Detroit Office inspected radio station WKLB located at Manchester, Kentucky, and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to
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- control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority must be made to the FCC in Washington, DC for additional time as may be necessary. The station was operating at 57 % of authorized power and had been operating at reduced power for over 30 days. b. 47 C.F.R. S:S: 73.1870(a)(1) & (3): The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license. The agents found no written designation of a chief operator for the station. c. 47 C.F.R. S: 73.3526(e)(4): Stations must place a copy
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- Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to CBS Radio East, Inc., licensee of FM Broadcast station WXRK, New York, New York. 2. On May 28, 2008, an agent of the Commission's New York Office inspected radio station WXRK and observed the following violations: a. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license or in the station's records. b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain a "copy of the current FCC authorization to
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- power necessary to meet the authorized 3 Kilowatt effective radiated power, and had been operating at reduced power for over 30 days. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of inspection, the required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall maintain
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- of inspection, there were EAS Participant records available and no record that KSEY-FM had sent or received any tests at any time. c. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." At the time of inspection, the required station log was not available for inspection. d. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agents found no written designation of a chief operator for the station. e. 47 C.F.R. S:S: 73.3526(e)(8) & (e)(14): Commercial broadcast licensees
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- be immediately available to staff responsible for authenticating messages and initiating actions." A copy of the EAS Handbook was not available at any point at the station. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." The required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.1230(a): "The station license and any
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- be immediately available to staff responsible for authenticating messages and initiating actions." A copy of the EAS Handbook was not available at any point at the station. d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain a station log as required by S: 73.1820." The required station log was not available for inspection. e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. f. 47 C.F.R. S: 73.1230(a): "The station license and any
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- the station authorization. Any method of complying with applicable tolerances is permissible." At the time of inspection, a "dial up " remote control system was utilized to control the transmitter and monitor its operation. Station employees were not able to determine the power output of the transmitter or confirm the operation complied with the station's authorization. d. 47 C.F.R. S: 73.1870(b)(3): "The designation of chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, a written designation of the chief operator could not be produced. e. 47 C.F.R. S: 73.3526(e)(12): Public Inspection File Requirements "For commercial AM and FM broadcast stations, every three months a list of programs that
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- EAS tests or the reasons why the tests had not been transmitted or received by WWXX. Although the station had piles of EAS printer tapes, it was impossible to determine whether the tapes belonged to station WWXX and, even assuming all of the tapes belonged to station WWXX, there were no EAS logs before October 2007. b. 47 C.F.R. S: 73.1870(c)(3): The chief operator is responsible for "[r]eview of the station records [including EAS] at least once a week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date
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- may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, Ruby Radio failed to insure that, over the three months prior to the inspection, all tests of the EAS system were conducted. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for ...[r]eview of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign
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- both KCTO and KCXL for the period of 5/1/08 to 10/30/08 documented several weeks where only one of the two required weekly tests or actual EAS activation had been received by the station. No entries were found documenting the reasons why no test or activation had been received from their second monitoring source during those weeks. d. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for completion of the following duties... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his
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- did not transmit any EAS activation during five of those weeks. This includes the weeks of 8/24-8/30, 9/21-9/27, 10/5-10/11, 10/19-10/25 and 11/16-11/22. Of the weeks when tests were conducted, the tests were not conducted at random days and times. The tests that were initiated by KEYN-FM were typically on Tuesday mornings between 7 am -11 am. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties ... Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
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- through October 19, 2008. The broadcast station records contained no reasons why weekly tests were not received. At the time of inspection, the broadcast station records contained no entry of the retransmission of the October Monthly test received on September 3, 2008. The broadcast station records contained no reasons why the monthly test was not retransmitted. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, a copy of the chief operator designation was not posted with the station license or in the public inspection file. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and
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- periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy." At the time of inspection, the antenna input current meter read 4.5 amperes whereas the station authorization specifies an antenna input current to 3.65 amperes. The last calibration date on the antenna input current meter was March 1996. c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records [by the Chief Operator] at least once each week to determine if required entries are being made correctly... . Upon completion of the review, the chief operator or his designee must date and sign the log. . . ." At the time of inspection, the agent observed that the station logs for the month of
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- public inspection file... (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." During the station inspection, the above mentioned items were missing or incomplete and there was no mechanism to make copies. b. Section 73.1870 (a) "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator." A copy of the current designation letter was not posted at the station with the station license. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the
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- is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure." At the time of inspection, no Antenna Structure Registration Number was readily visible near the base of the tower. b. 47 C.F.R. S: 73.1870(b) (3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no designation of the chief operator posted with the station license. c. 47 C.F.R. S: 73.1870(c) (3): Review of the station records at least once each week to determine if
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- except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: Annually, for AM stations, with not more than 14 months between measurements." At the time of inspection, there were no equipment performance measurements available for inspection. f. 47 C.F.R. S: 73.1870(c): "The chief operator is responsible for completion of the following duties... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or
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- logs indicating when the station commenced determination of operating power by the indirect method. c. 47 C.F.R. S: 73.1226: "The following shall be made available to any authorized representative of the FCC upon request: Station records or logs." There was no evidence of any station logs (no EAS or any operating logs) at the main studio. d. 47 C.F.R. S: 73.1870(a): "The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator." There was no written designation of chief operator posted at the station. e. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license..." On the evening
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- issued pursuant to Section 1.89 of the Commission's Rules to Stone/Collins Communications, Inc., licensee of radio station WEPG in South Pittsburg, Tennessee. 2. On August 19, 2009, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected the main studio of AM radio station WEPG located in South Pittsburg, Tennessee, and observed the following violation(s): a. 47 C.F.R. S: 73.1870(a) and (c): "The licensee of each AM...broadcast station must designate a person to serve as the station's chief operator...The chief operator is responsible for...[i]nspections and calibrations of the transmission system, required monitors, metering and control systems and any necessary repairs or adjustments...Review of the station records at least once a week to determine if required entries are being made correctly...Upon
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- file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Caron is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). We also admonish Caron for the failure of the station's chief operator to review, sign and date the station logs on a weekly basis as required under Section 73.1870(c)(3) of the Rules. II. BACKGROUND 2. On January 13, 2009, the Commission's Miami Office of the Enforcement Bureau ("Miami Office") received a complaint that station WKAT was not reducing power at night as required. WKAT is authorized to operate on 1360 kHz under AM Broadcast Station License, File No. BL-19871123AK, facility ID 27713. WKAT's license authorizes a transmitter operating power
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- in S:S:11.35(a) and 11.54(b)(13)." Although the station's EAS equipment was operational and all required tests were sent and received, a review of the station records showed a failure to log any tests sent during the month of August 2009 and a failure to log required monthly tests sent between August 1, 2009 and December 1, 2009. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (1) Inspections and calibrations of the transmission system, required monitors, metering and control systems;
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- of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material." At the time of inspection, the most current ownership report or certifying statements were not in the station's public inspection file. f. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. g. 47 C.F.R. S: 73.1350(c)(2): "Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating
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- 15, 2009, July 13, 2009, and August 2, 2009. Entries were not made in the EAS logs to show required monthly EAS tests retransmitted for the months of January, February, March, May, June, and July of 2009. There were no entries in the station logs indicating the reason why the required EAS tests were not received. c. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis." At the time of inspection, Clarion
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- station log as specified in S: 73.1820 and S: 73.1840 of this chapter . . ." At the time of the inspection, the Los Angeles agent found daily EAS log sheets automatically produced by the EAS encoder/decoder, with dates going back over one year, but with no indications that any tests were either received or sent. b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for the following duties specified in this paragraph below... (3) Review of the station records at least once per week to determine if required entries are being made correctly...Upon completion of the review, the chief operator or his designee must date and sign the log, indicate any corrective action which may be necessary, and advise
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- educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows:...upon initial installation of a new or replacement main transmitter." At the time of the inspection, no equipment performance measurements were available when the main transmitter was installed and operational in December 2008. h. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no written designation posted with the station license designating the chief operator. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize
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- time of inspection, no political file was in the public inspection file. In response to a Letter of Inquiry, WGBB-AM, Inc. reported that it provided broadcast time on one occasion in the two years prior to the agent's inspection and that it failed to include the one request for broadcast time in the public inspection file. f. 47 C.F.R. S:S: 73.1870(b)(3): "The licensee of each AM, FM, TV or Class A TV station must designate a person to serve as the station's chief operator. The designation must be in writing and posted with the station's license." The agent found no written designation of a chief operator for the station. g. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. . .the
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- in EAS Participants records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time of the inspection, there were no entries in the station log indicating that the required monthly tests were conducted for the months of May and June, 2010. There were no entries in the log indicating why the required monthly tests were not conducted. a. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. . . the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the
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- July 28, 2010, agents of the Enforcement Bureau's Atlanta Office monitored WFLI-TV, and then inspected the station's main studio in Chattanooga, TN on July 29, 2010 and observed the following violation(s): a. 47 C.F.R. S: 11.52(d): EAS participants must monitor two assigned EAS sources." The station was monitoring only one of the two assigned monitoring sources. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.1201(a)(2): "Broadcast station identification announcements shall be made...hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television
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- each test and activation of the EAS pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook." The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. The station's EAS logs contained no entries for transmitting weekly tests or receiving and retransmitting monthly tests. c. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the station logs on a weekly basis. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The
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- Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in S:S: 73.1820 and 73.1840 of this chapter for all broadcast streams .." Although the station's EAS equipment was operational, station KHVN's EAS log was missing entries. The missing entries were not explained in the log. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis for either station KHVN or KKGM. c. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most
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- not received must be made in the broadcast station log as specified in S:S: 73.1820 and 73.1840 of this chapter for all broadcast streams .." Although the station's EAS equipment was operational, the station did not have any EAS logs for April or May of 2010 and did not have an explanation for the missing entries. b. 47 C.F.R. S: 73.1870(c)(3): The designated chief operator must review and sign the station logs on a weekly basis. The chief operator was not reviewing or signing the logs on a weekly basis. c. 47 C.F.R. S: 73.3526(e)(12): "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
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- intervals, as specified in paragraphs (a)(1) of this section.... All tests will conform with the procedures in the EAS Operating Handbook. (1) Required Monthly Tests of the EAS header codes, Attention Signal Test Script and EOM code. During the inspection, a station representative reported that no monthly test had been conducted for the month of July. c. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- a file. The following shall maintain for public inspection a file containing the material set forth in this section. ... (2) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file..." At the time of inspection, there was no public inspection file for WIPR-TV. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator..." At the time of inspection, there was no designated chief operator. 3. Pursuant to section 308(b) of the Communications Act of 1934, as amended, and section 1.89 of the Commission's Rules, Puerto Rico Broadcasting Corp., must
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- 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Clarion Communications, Inc. ("Clarion"), licensee of Station WYXC, Cartersville, Georgia. 2. On February 10, 2011, agents of the Enforcement Bureau's Atlanta Office inspected the main studio of Station WYXC located at Cartersville, Georgia, and observed the following violation(s): a. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator..." At the time of inspection, there was no designated chief operator. b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any failure to receive the required tests or activations specified in S: 11.61(a)(1)
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- Emergency Alert System Plan for Pennsylvania specifies that WFYL must monitor Local Primary Stations WMGK and WHYY. Although Station WFYL's EAS equipment was set up to monitor Station WMGK and WHYY, there were no entries in the station's logs indicating why the station had not received any EAS alerts from Station WHYY since January 20, 2011. b. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- S: 11:52(d): "EAS participants must monitor two EAS sources. The monitoring assignment of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook." At the time of the inspection, WBKI-TV was not monitoring the correct local primary stations as required by the preliminary Kentucky EAS plan. c. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of the inspection, there was no written designation of the chief operator. d. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.
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- entries in the log manually at that time." At the time of this inspection, the station personnel could not access the Burke controller to recover the station log without loss of the data. The station was not making entries in a manual log. The station received a previous verbal warning about this condition in November 2010. c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action
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- and observed the following violation(s): a. 47 C.F.R. S: 17.4(g): "Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." At the time of inspection, there was no antenna structure registration number posted at or near the base of the antenna structure. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no designation of the current chief operator posted with the station license. c. 47 C.F.R. S: 11.15: "The EAS Operating Handbook states in summary form the actions to be taken by personnel
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- ... are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities..." The Emergency Alert System Plan for New Jersey specifies that WVLT must monitor a Primary Entry Point Station and WENJ 97.3 MHz. At the time of inspection, WVLT was not monitoring a Primary Entry Point Station. b. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log...." At the time of inspection, there was no indication that the logs were being signed and dated by the chief operator. 3. As the
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- been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded." At the time of the inspection, a copy of the Notice of Apparently Liability that the Commission issued L. Stanley Wall on June 17, 2011 was not in the station's public inspection file. d. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license." At the time of inspection, there was no written designation posted with the station license designating the chief operator. 3. Pursuant to section 308(b) of the Communications Act of 1934, as amended, and section 1.89 of the Commission's Rules,
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- station KLBM located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- station KBKR located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
- http://www.fcc.gov/eb/FieldNotices/2003/DOC-309790A1.html
- station KKBC-FM located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- station KRJT located at 2510 Cove Avenue, La Grande, Oregon 97850, 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 S:S: 11.35(a) and 11.54(b)(13)." There were missing EAS log entries after June 9, 2010. The last EAS log entry was dated June 9, 2010. b. 47 C.F.R. S: 73.1870(b)(3): " The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." During the inspection on August 11, 2011, the FCC inspecting agent noted that the person designated as
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- this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired." At the time of the inspection, agents determined that KHWG(AM) failed to maintain a station log. f. 47 C.F.R. S: 73.1870(a) and (b)(3): "The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. The designation of the
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- 1.89 of the Commission's Rules, to Telefutura Los Angeles LLC ("Telefutura"), licensee of television station KFTR-DT serving Ontario, California. This Notice may be combined with a further action, if further action is warranted. 2. On September 12, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected television station KFTR-DT and observed the following violation: a. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
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- of the Commission's Rules, to KMEX License Partnership, G.P. ("KMEX"), licensee of television station KMEX-DT serving Los Angeles, California. This Notice may be combined with a further action, if further action is warranted. 2. On September 12, 2011, an agent of the Enforcement Bureau's Los Angeles Office inspected television station KMEX-DT and observed the following violation: a. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
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- basis." At the time of inspection, there was nothing in writing designating the chief operator. b. 47 C.F.R. S: 73.1225(c)(5): "The following records shall be made available by all broadcast stations upon request by representative of the FCC. (5) Station logs and special technical records." At the time of inspection, no logs were available for review. c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in the paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. (3) Review of the station records at least once each week to determine if
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- log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired." At the time of inspection, Curran was unable to provide the agents with a station log for WPAM and admitted that they did not maintain a station log. g. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files." At the time of inspection, there was no written designation of a chief operator. 3. As the nation's
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- the station were performed on October 9, 2009. c. 47 C. F. R. S: 73.1840(a): "Any log required to be kept by station licensees shall be retained by them for a period of 2 years." At the time of the inspection on December 15, 2011, the logs for the year 2010 were not available. d. 47 C. F. R. S: 73.1870(c)(3): "The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner."... "(3) Review of the station records at least once each week to determine if
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- the broadcast station log as specified in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams..." At the time of the inspection, there were no entries in KCBD-TV logs indicating why the required monthly tests (RMTs) and the required weekly tests (RWTs) had been sporadically missed over the three months prior to the inspection. c. 47 C.F.R. S: 73.1870(c)(3): "Review of the station records at least once each week to determine if required entries are being made correctly.... [U]pon completion of the review, the chief operator or his designee must date and sign the log...." At the time of inspection, there was no indication that the logs were being reviewed by the chief operator. 3. Pursuant to Section 308(b)
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- shall be posted in a conspicuous place and in such a manner that all terms are visible at the place the licensee considers to be the principal control point of the transmitter." On March 2, 2012, an agent from the San Juan Office observed that the station authorization was not posted at the principal control point. b. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator must be in writing with a copy of the designation posted with the station license" On March 2, 2012, an agent from the San Juan Office observed that the chief operator designation was not posted with the station license. c. 47 C.F.R. S: 73.3526(e)(1): "A copy of the current FCC authorization to construct or
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- in Sections 73.1820 and 73.1840 of this chapter for all broadcast streams . . . . " At the time of inspection, the agents observed that WMVB's EAS system did not properly record EAS test information and appropriate entries were not made in the station logs indicating the reasons why the EAS tests were not received. c. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any
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- the time of the inspection, there were no entries in the station's logs indicating why KEBN did not receive Required Weekly Tests from the Orange County, California, LP-1 or LP-2 stations. The inspection did show that tests were being received from Los Angeles County LP-1 station (KFI) during the three month period prior to the inspection. b. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible for completion of the following duties specified in this paragraph below. ... (3) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion
- http://www.fcc.gov/eb/Orders/2001/da000119.doc http://www.fcc.gov/eb/Orders/2001/da000119.html
- Chief, Enforcement Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of
- http://www.fcc.gov/eb/Orders/2001/da01184.doc http://www.fcc.gov/eb/Orders/2001/da01184.html
- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on September 1, 2000. This is the third petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In the instant petition for reconsideration, Joy
- http://www.fcc.gov/eb/Orders/2001/da011929.doc http://www.fcc.gov/eb/Orders/2001/da011929.html
- of Sections 11.35(a) (failure to install EAS equipment so that monitoring and transmitting functions are available), 73.49 (failure to enclose the AM antenna tower within an effective locked fence or other enclosure), 73.1820(a)(1)(iii) (failure to maintain logs of EAS tests), 11.15 (failure to maintain a copy of the EAS Operating Handbook at normal duty positions or EAS equipment locations), and 73.1870(a) (failure to designate a chief operator in writing with a copy posted with the station authorization). On February 20, 2001, Hancock submitted a response to the NOV in which it indicated that the violations had been corrected. On April 4, 2001, the New Orleans Office issued the subject NAL to Hancock for failure to install EAS equipment so that monitoring
- http://www.fcc.gov/eb/Orders/2001/da012036.doc http://www.fcc.gov/eb/Orders/2001/da012036.html
- 1.80. 5 47 U.S.C. 503(b). 6 47 U.S.C. 503(b)(2)(D). The referenced Notices of Violation were issued for the following Enforcement Bureau file numbers: EB-01-TP-020 (for violation of Section 17.51(a) of the Rules); EB-00-CF-572 (for violation of Section 17.57 of the Rules); EB-01-PA-031 (for violation of Section 73.1201(a) of the Rules); EB-99-CF-165 (for violation of Sections 11.35(a), 11.61(a), 17.50, 73.1870(a), 73.54(d) and 73.1350(c)(1) of the Rules); EB-99-CF-166 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1350(c)(1) and 73.1870(a) of the Rules); EB-99-CF-167 (for violation of Sections 11.61(a), 17.47(a)(1), 17.4(g), 73.1225(b), 73.1350(c)(1), 73.1870(a) and 73.62(a) of the Rules); EB-99-CF-171 (for violation of Section 11.61(a) of the Rules); and EB-99-CF-172 (for violation of Section 11.61(a) of the Rules). 47 C.F.R. 0.111, 0.311,
- http://www.fcc.gov/eb/Orders/2001/da01926.doc http://www.fcc.gov/eb/Orders/2001/da01926.html
- for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on January 29, 2001. This is the fourth petition for reconsideration filed by Joy in connection with a Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involved Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. In its fourth petition for reconsideration, Joy
- http://www.fcc.gov/eb/Orders/2001/fcc01197.doc http://www.fcc.gov/eb/Orders/2001/fcc01197.html
- willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce the forfeiture to $10,000. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office ("Denver Office") conducted a routine inspection of FM broadcast station KNEC. The agents found several violations, including those noted above. On June
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- forfeiture in the amount of eight thousand dollars ($8,000) to Palouse Country, Inc. (``Palouse''), licensee of Station KMAX(AM), for willful violation of the following Sections of the Commission's Rules ("Rules"): 73.1400(a)(1)(ii) (operating KMAX(AM) without required monitors); 73.1560(a) (failure to operate in compliance with the station license regarding power); 73.1580 (failure to perform periodic complete inspections of the transmitting system); and 73.1870(c)(3) (failure to provide verification that the station has been operating as required by the Rules or the station authorization by making appropriate entries into the station log).1 II. BACKGROUND 2. On January 12, 2001, the FCC's Seattle, Washington District Office ("Seattle Office") received information from the Enforcement Bureau's Technical and Public Safety Division indicating that KMAX(AM) was not reducing its
- http://www.fcc.gov/eb/Orders/2002/FCC-02-312A1.html
- The inspection revealed numerous other rule violations, including, among other things: failure to operate at the station at the minimum power of 90% of the authorized power of 100 kW (47 C.F.R. 73.1560(b)); failure to follow the minimum operating schedule (47 C.F.R. 73.1740(a)); failure to post the station license (47 C.F.R. 73.1230); failure to designate a chief operator (47 C.F.R. 73.1870(a)); and failure to maintain a public inspection file (47 C.F.R. 73.3526). 11. On November 21, 2001, the Denver Office issued a warning letter to A-O advising A-O that KTMN was not in compliance with RFR exposure limits. The letter requested that prior to KTMN's return to operational status, measurements be made to determine the appropriate levels at which operation would
- http://www.fcc.gov/eb/Orders/2002/FCC-02-319A1.html
- Section 11.35 (equipment operational readiness) by failing to maintain EAS equipment readiness;13 Section 11.15 (EAS operating handbook) by failing to maintain a copy of the EAS Operating Handbook at normal duty stations;14 Section 73.1820 (station log) by failing to keep a station log;15 Section 73.1125 (station main studio location and staffing) by leaving the station's main studio unattended;16 and Section 73.1870 (chief operators) by failing to designate a chief operator at the station.17 III. Discussion 7. Unauthorized Transfer of Control. Section 310(d) of the Act provides in pertinent part: No construction permit or station license, or any rights thereunder, shall be transferred, assigned or disposed of in any manner, voluntarily, directly or indirectly, or by transfer of control of any corporation
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- and remain a Commission licensee. II. Background 2. The Commission designated this case for hearing.4 The OSC specified the following issues: (a) to determine the facts and circumstances surrounding RMI's operation of WMGA(AM), Moultrie, Georgia, in connection with possible violation of Section 310(d) of the Act, and/or Sections 73.3540, 73.3615(a), 73.1745, 17.50, 17.51, 17.48, 17.4, 11.35, 11.15, 73.1820, 73.1125, and 73.1870 of the Commission's rules, as well as orders from the Enforcement Bureau to provide responses to letters of inquiry; and (b) to determine, in light of the evidence adduced pursuant to issue (a), whether RMI has the requisite qualifications to be or remain a Commission licensee and thus whether its captioned broadcast license should be revoked.5 3. The OSC also
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- 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). 7 On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. 8 On September 23, 2002, the Kansas City Office issued an NAL for a $9,000
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- 2004 Released: May 19, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eleven thousand dollars ($11,000) to Melodynamic Broadcasting Corporation (``Melodynamic''), the licensee of Radio Station WCER, Canton, Ohio for willful and repeated violation of Sections 1.89(b), 11.15, 73.51(d), 73.51(e)(2), 73.1225(d)(1), 73.1350(c)(1), 73.1560(a)(1), 73.1745 and 73.1870(b)(3) of the Commission's Rules (``Rules'').1 Respectively, the noted violations include failure to respond to Commission communications; failure to maintain a copy of the Emergency Alert System (EAS) handbook; failure to maintain a record of the dates of commencement and termination of power determination by the indirect method; failure to maintain a record of the efficiency factor F for each mode
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- ) ) ) FORFEITURE ORDER Adopted: July 23, 2004 Released: July 27, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Pacifica Foundation, Inc. (``Pacifica''), licensee of FM broadcast station WPFW, Washington, DC, for willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission's Rules (``Rules'').1 The noted violations involved Pacifica's failure to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failure to verify the log in writing by the chief operator. 2. In a March 26, 2003 Notice of Apparent Liability for Forfeiture (``NAL''),2 the District Director of the Commission's Columbia, Maryland Office (``Columbia Office'')
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- this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand eight hundred dollars ($12,800) to WSJM, Inc. (``WSJM''), licensee of Station WGMY (AM), South Haven, Michigan, for willful violation of numerous sections of the Commission's Rules (``Rules''). The noted violations involve, respectively: 1) failure to maintain required records, in violation of Sections 73.1820(a)(1)(i), 73.1820(a)(1)(iii) and 73.1870(c)(3) of the Rules;1 2) failure to make required measurements or conduct required monitoring regarding EAS monitoring sources, EAS tests, and observation of antenna structures' lights, in violation of Sections 11.52(d), 11.61(a)(2)(i)(A) and 17.47(a)(1);2 3) failure to file required forms or information regarding the registration of two antenna structures, in violation of Section 17.4(a);3 and 4) failure to exhibit red obstruction
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- I VIOLATIONS Violation Citation Station(s) Unauthorized 47 U.S.C. KFRA, KDDK Transfer of 310(d) Control Failure to 47 C.F.R. KFRA, KDDK Install/Maintain 11.35, 73.1250, EAS Equipment 73.1300, 73.1350(h) Failure to 47 C.F.R. KDDK Register Antenna 17.4(a)(1), (g) Structure and Post Registration Failure to 47 C.F.R. KFRA, KDDK Maintain/Staff 73.1125 Main Studio Failure to 47 C.F.R. KFRA, KDDK Designate Chief 73.1350(a)-(c), Operator 73.1870 Excess operating 47 C.F.R. KDDK power 73.1560(b) Failure to 47 C.F.R. KFRA conduct 73.1590(a)(6) equipment performance measurements Failure to 47 C.F.R. KFRA, KDDK maintain station 73.1800, 73.1820, logs 73.1840 Failure to 47 C.F.R. KFRA, KDDK maintain public 73.3526 file and make public file available TABLE II PAYMENT SCHEDULE Date Amount January 17, $5007 2005 February $1363 15, 2005 March 15,
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- 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 7 FCC Rcd at 6802. NAL at P 11. See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878 (2003). Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 7 FCC Rcd at 6802. See 47 C.F.R. S 73.1870. 47 C.F.R. S 73.1635 (Special Temporary Authorization); 47 C.F.R. S 73.1740 (Minimum Operating Schedule). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1125(a). 47 U.S.C. S 504(a). See 47 C.F.R. S 1.1914. Federal Communications Commission DA 06-664 1 2 Federal Communications Commission DA 06-664 References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-664A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-664A1.doc
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- the date said payment is made to NER-Response@fcc.gov 13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Viva Communications Group, LLC, at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. S:S: 11.35(a), 73.1560(a), 73.1745(a), 73.1870(a), and 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832280002 (Enf. Bur., Philadelphia Office, rel. December 20, 2007). See Letter from Aaron K. Bikofsky, Counsel for Viva, to FCC Buffalo Office, dated January 16, 2008. At the request of FCC staff, Viva
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- of three co-located stations with public files missing multiple quarterly issues/programs lists). We note that Pacific Empire had a history of compliance with the Rules prior to the August 11, 2011, inspection by the Portland agent. Along with the instant NAL, this inspection resulted in Notices of Violation issued against each of the Stations for violations of Sections 11.61(b) and 73.1870(b)(3) of the Rules, concerning Emergency Alert System logs and Chief Operator designation. See, e.g., Pacific Empire Radio Corp., Station KLBM, Notice of Violation, V201132920031 (rel. Sep. 8, 2011). Because these violations were observed during the same inspection as the violations described in this NAL, we do not believe that they negate Pacific Empire's history of compliance prior to the inspection.
- http://www.fcc.gov/eb/Orders/da002005.doc http://www.fcc.gov/eb/Orders/da002005.txt
- a petition for reconsideration filed by Joy Public Broadcasting Corporation (``Joy''), licensee of Station WJTF-FM, Panama City, Florida, of a Memorandum Opinion and Order issued in this proceeding on March 9, 2000. That Memorandum Opinion and Order denied Joy's petition for reconsideration of the Forfeiture Order which issued a $3,000 forfeiture against Joy for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Commission's Rules (``Rules''). The noted violations involve Joy's failure to make periodic calibrations of the station's monitoring equipment, to make equipment performance measurements upon the initial installation of a new transmitter, and to designate the station's chief operator in writing and post a copy of the designation with the station license. Reconsideration is appropriate only where the petitioner
- http://www.fcc.gov/eb/Orders/da00526.doc http://www.fcc.gov/eb/Orders/da00526.html http://www.fcc.gov/eb/Orders/da00526.txt
- 915TP0004 Radio Station WJTF-FM ) Panama City, Florida ) MEMORANDUM OPINION AND ORDER Adopted: March 8, 2000 Released: March 9, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reaffirm a monetary forfeiture of $3,000 issued by the former Compliance and Information Bureau to Joy Public Broadcasting Corporation (``Joy'') for violations of Sections 73.1350(c)(2), 73.1590(a)(1), and 73.1870(b)(3) of the Rules. Respectively, these sections require that broadcast stations make periodic calibrations of the station's monitoring equipment, make equipment performance measurements upon the initial installation of a new transmitter, and designate the station's chief operator in writing and post a copy of the designation with the station license. The Notice of Apparent Liability (``NAL'') in this case was issued
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- Office (4/24/02). * Yardley Makefield Fire Co., Yardley, PA. Philadelphia, PA District Office (4/25/02). 47 C.F.R. Part 11 Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * Monroe County Board of Education, WHFI, Lindside, WV. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). Columbia, MD District Office (4/2/02). * Miracle Radio, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 17.4(g) (Posting of Antenna Structure Registration Number). Tampa, FL District Office (4/10/02). * Vernon Watson, Pensacola, FL. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870
- http://www.fcc.gov/eb/Public_Notices/DA-02-197A1.html
- Emergency Alert System * 47 C.F.R. 11.15 EAS Operating Handbook * KM Radio of Merced, LLC, Merced, CA (KBKY(FM)). Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.267 (Determining Operating Power), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1226 (Availability to FCC of Station Logs and Records), 73.1230 (Posting of Station Licenses) and 73.1870 (Chief Operator). San Francisco, CA District Office (12/17/01). * 47 C.F.R. 11.35 Equipment Operational Readiness * King Broadcasting Company, Roswell, NM, KBIM(AM) (Facility ID #34871). Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements), 73.158 (Directional Antenna Monitoring Points), 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System
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- Resident Agent Office (1/22/02). NOTICES OF VIOLATION Communications Act * 47 U.S.C. 301 Unauthorized Operation * Mt. Rushmore Broadcasting, Inc., Custer, SD (KAWK-FM, Facility ID #43916). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.61 (Tests of EAS Procedures), 73.267 (Determining Operating Power), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring and Control), 73.1580 (Transmission System Inspections), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Denver, CO District Office (1/7/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.951 Duty to Respond to Official Communications * Patricia L. Kozel, Muncie, IN. Philadelphia, PA District Office (1/7/02). * PCK Systems, Muncie, IN. Philadelphia, PA District Office (1/7/02). * Western Pennsylvania SMR Partnership, Las
- http://www.fcc.gov/eb/Public_Notices/DA-02-724A1.html
- Diego, CA District Office (2/12/02). * Clarke Broadcasting Corp., KAXW, Merced, CA. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.1215 (Specifications for Indicating Instruments), 73.1350 (Transmission System Operations), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (2/13/02). * Amaturo Group of LA, LTD, KELT(FM), Riverside, CA. San Diego, CA District Office (2/15/02). * Cornerstone Television, Wall, PA. Other violations: 47 C.F.R. 17.17 (Existing Structures) and 17.51 (Time When Lights Should Be Exhibited). Philadelphia, PA District Office (2/15/02). * D.L. Van
- http://www.fcc.gov/eb/Public_Notices/DA-02-929A1.html
- 17 Antenna Structure Construction, Marking, and Lighting of Antenna Structures * 47 C.F.R. 17.47 Inspection of Antenna Structure Lights and Associated Control Equipment * Citicasters Licenses, Inc., KACD-AM, Thousand Oaks, CA. $10,000 NAL. Other violations: 47 C.F.R. 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1125 (Station Main Studio Location), 73.1400 (Transmission System Monitoring and Control) and 73.1870 (Chief Operator). Los Angeles, CA District Office (3/12/02). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Fennessey Broadcasting Stations Corp., Scranton, PA. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments), 73.1225
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- Cablevision Systems of New York City Corporation, Bethpage, NY. $3,000 NAL. New York, NY District Office (2/14/03). * Pearson Broadcasting of Mena, Inc., KTTG(FM), Mena, Arkansas. $2,000 NAL. New Orleans, LA District Office (2/18/03). * Chatterbox, Inc., WQXB(FM), Grenada, MS. $2,000 NAL. New Orleans, LA District Office (3/17/03). * Pacifica Foundation, WPFW, Washington, DC. $3,000 NAL. Other violation: 47 C.F.R. 73.1870 (Chief Operator). Columbia, MD District Office (3/26/03). * Time Warner Cable. $3,000 NAL. New York, NY District Office (3/31/03). 47 C.F.R. Part 17 Construction, Marking and Lighting of Antenna Structures * 47 C.F.R. 17.4(a) Antenna Structure Registration * CB Radio, Inc., Elizabethton, TN. $3,000 NAL. Atlanta, GA District Office (1/23/03). * FrontierVisision Operating Partners, L.P., Coudersport, PA. $6,000 NAL Detroit,
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- Seattle, WA District Office (12/30/02). 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.89 Response to Notice of Violation * Melodynamic Broadcasting Corporation, WCER, Canton, OH. $11,000 NAL. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.51(Determining Operating Power), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1745 (Unauthorized Operation) and 73.1870 (Chief Operator). Detroit, MI District Office (12/30/02). * 47 C.F.R. 1.903 Authorization Required * Horizon Communications, Cliffside Park, NJ. $10,000 NAL. Other violation: 47 C.F.R. 90.425 (Station Identification). Philadelphia, PA District Office (12/5/02). 47 C.F.R. Part 11 Emergency Alert System (EAS) Rules * 47 C.F.R. 11.35 Equipment Operational Readiness * Minority Business and Housing Development, Inc., WYGG, Uniondale, NY. $13,000
- http://www.fcc.gov/eb/Public_Notices/da001311.doc http://www.fcc.gov/eb/Public_Notices/da001311.html
- Inc., KSQY-FM, Deadwood, South Dakota. NOV also issued for violation of 47 C.F.R. 17.48 (Notification of Extinguishment or Improper Functioning of Lights). Denver, CO Office (5/2/00). Ubik Corporation. NOV also issued for violation of 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 General Requirements Related to the Station Log), 73.1870 (Chief Operators), 73.3526 (Public Inpection File), and 73.3615 (Ownership Reports). Anchorage, AK Office (5/25/00). 47 C.F.R. 1.89 (Notice of Violation) George McClellan, Suffolk, VA. Failure to respond to previous NOV regarding violation of 47 C.F.R. 17.4 (Antenna Structure Registration). Norfolk, VA Office (5/19/00). Crystal Dawn, Inc., Manteo, NC. Failure to file complete response to previous NOV regarding violation
- http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
- Office (6/28/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Pilgrim Communications, Inc., KLMO-AM, Longmont, CO. Other violations: 47 C.F.R. 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.57 (Remote Reading Antenna and Common Point Ammeters), 73.1201 (Station Identification), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators). Denver, CO Office (6/1/00). Pride Radio Licensee, Inc., Crystal Lake, IL. Other rule violations: 47 C.F.R. 73.1870 (Chief Operators). Chicago, IL District Office (6/1/00). Citadel Communications Corp., WBSM(AM), Fairhaven, MA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures) and 73.1870 (Chief Operators). Boston, MA District Office (6/2/00). Citadel Communications Corp., WFHN(FM), Fairhaven, MA. Other violations:
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- Inc., D.I.P., Fort Worth, TX. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1840 (Retention of Logs), and 73.1870 (Chief Operators). Dallas, TX Office (7/5/00). Electronic Applications Radio Service, WLHN(AM) Muncie, IN. Other violation: 47 C.F.R. 73.1820 (Station Log). Chicago, IL District Office (7/18/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Birach Broadcasting Corp., Southfield, MI (WNWI(AM), Riverdale, IL). Other violations: 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Public Inspection File). Chicago, IL
- http://www.fcc.gov/eb/Public_Notices/da002136.doc http://www.fcc.gov/eb/Public_Notices/da002136.html
- 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Requirements), 73.1125 (Station Main Studio Location), 73.1225 (Station Inspection by FCC), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1545 (Carrier Frequency Departure Tolerance), 73.1580 (Transmission System Inspections), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Stations). Denver, CO District Office (8/2/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Atlanta, GA District Office (8/02/00) Cumulus Licensing Corporation. Other violation: 47 C.F.R. 11.61(Tests of EAS Procedures). Atlanta, GA District Office (8/02/00). Cumulus
- http://www.fcc.gov/eb/Public_Notices/da002408.doc http://www.fcc.gov/eb/Public_Notices/da002408.html
- Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Transmission Requirements), 11.54 (EAS Operation During National Level Emergency), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 73.1226 (Availability of FCC Station Logs and Records), 73.1350 (Transmission System Operation), 73.1870 (Chief Operators), and 73.3527 (Local Public Inspection of Noncommercial Educational Stations). Kansas City, MO District Office (9/21/00). Tele-Media of Western Connecticut, Seymour, CT. Other violations: 47 C.F.R. 17.4 (Antenna Structure Registration) and 76.305 (Records To Be Maintained Locally By Cable System Operators For Public Inspection). Boston, MA District Office (9/25/00). 47 C.F.R. 11.35 - Equipment Operations Readiness Tri-State
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- District Office (10/30/00). 47 C.F.R. 11.15 - EAS Operating Handbook Sheyenne Valley Broadcasting Inc. Lisbon ND. Other violations: 47 C. F. R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.4(g) (Antenna Structure Registration Posting), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.50 (Cleaning and Repainting), 17.51 (Times When Lights Should Be Exhibted), 73.1870 (Chief Operators), and 73.3526 (Local Public Inspection File For Commercial Broadcast Stations). Saint Paul, MN Resident Agent Office (10/2/00). Harbish Corporation, Brookfield, WI, WJMR. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Chicago, IL District Office (10/3/00). Plymouth State College, WPCR-FM, Plymouth, NH. Other violations: 47 CFR 73.267 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1870
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- (11/9/00). NOTICES OF VIOLATION Communications Act 47 U.S.C. 301 - Unauthorized Operation Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. 11.15 (EAS Operating Handbook), 73.49 (AM Transmission System Fencing Requirements), 73.1225 (Station Inspection By FCC), 73.1590 (Equipment Performance Measurements), 73.1690 (Modification of Transmission Systems), 73.1800 (General Requirements Related to the Station Log), 73.1820 (Station Log), 73.1870 (Chief Operator), 73.3526 (Local Public Inspection File for Commercial Stations). Detroit, MI District Office (11/20/00). 47 C.F.R. Part 1 - Practice and Procedure 47 C.F.R. 1.903 - Authorization Required Whitemarsh Community Ambulance, Lafayette Hill, PA. Philadelphia, PA District Office (11/20/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. 11.15 - EAS Operating Handbook Discussion Radio, Inc.,
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- C.F.R. Part 11 (Emergency Alert System (EAS) Rules) United Broadcasting Company, Inc., KTKK(AM), South Jordan, UT. NOV also issued for violation of numerous rules under 47 C.F.R. Part 73. Denver, CO Office (1/7/00). Richard Lee Harvey, Radio Station WBHX(FM), Tuckerton, NJ. NOV also issued for violation of 47 C.F.R. 73.3526(a)(12) (failure to maintain Issues-Programs Lists) and 47 C.F.R. 73.1870(b)(3) (failure to designate a Chief Operator for the station). Philadelphia, PA Office (1/11/00). Coastal Broadcasting Systems, Radio Station WCZT-FM, Cape May Court House, NJ. NOV also issued for violation of 47 C.F.R. 73.1230(a) (posting expired license at principal control point of transmitter at time of inspection). Philadelphia, PA Office (1/12/00). Batavia Broadcasting Company, Batavia, NY. Boston, MA Office (2/1/00).
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- System (EAS) Rules) 47 C.F.R. 11.15 (EAS Operating Handbook) Cablevision of Massachusetts, Allston, MA. NOV also issued for violation of 47 C.F.R. 11.21, and 11.61. New England District Office (3/10/00). Booth-Newsome Broadcasting, Inc., WKTE, King, North Carolina. NOV also issued for violation of 47 C.F.R. 11.32, 11.33, 11.35, 11.52, 11.61, 73.49, 73.51, 73.1225, 73.1400 73.1350, 73.1560, 73.1590, 73.1870, and 73.3526. Norfolk, VA Office (3/13/00). KICO/AM 1490 kHz, Hanson Broadcasting Co. San Diego, CA Office (3/27/00). First Assembly of God, Gainesville, FL. NOV also issued for violation of 47 C.F.R. 11.52 and 11.61. Tampa, FL Office (3/28/00). KGBA/FM, 100.1 MHz, The Voice of International Christian. San Diego, CA Office (3/28/00). 47 C.F.R. 11.35 (Equipment Operational Readiness) Key
- http://www.fcc.gov/eb/Public_Notices/da00996.doc http://www.fcc.gov/eb/Public_Notices/da00996.html
- WTIX, Inc., New Orleans, LA. New Orleans, LA Office (4/11/00). 47 C.F.R. 73.1545 (Carrier Frequency Departure Tolerances) The Entertainment Network, Inc., Springfield, MO. Kansas City, MO (4/18/00). 47 C.F.R. 73.1560 (Operating Power and Mode Tolerances) Brown Broadcasting Service, Inc., WBUR, Providence, RI. NOV also issued for violation of 47 C.F.R. 73.1800 (General requirements related to station log), 73.1870(b)(3) (designation of chief operator), 73.3526(e)(12) (requirement to include quarterly radio issues/program list in public inspection file). New England District Office (4/18/00). 47 C.F.R. Part 76 (Multichannel Video and Cable Service Rules) 47 C.F.R. 76.605(a)(12) (Cable Signal Leakage) Classic Cable. Dallas, TX Office (4/13/00). Classic Cable, Mound City, KS. Kansas City, MO Office (4/13/00). Classic Cable, Boonville, MO. Kansas City,
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- Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 11.62 (Closed Circuit Tests of National Legal EAS Facilities), 73.1350 (Transmission System Operation), 73.1400 Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1660 (Acceptability of Broadcast Transmitters), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3527 (Local Public Inspection File for Noncommercial Stations). Detroit, MI District Office (3/9/01). Entravision Holdings, LLC, KBNT-LP San Diego, CA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/14/01). New Life Evangelistic Center, Inc., Leavenworth, KS. Other
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- File for Noncommercial Educational Stations). Kansas City, MO District Office (12/6/00). KYOO Communications, Bolivar, MO. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (12/8/00). KASA Radio Hogar, Inc. (KDAP Douglas, AZ). Other violations: 47 C.F.R. 73.44 (AM Transmission System Emission Limitations), 73.54 (Antenna Resistance and Reactance Measurements), 73. 1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1545 (Carrier Frequency Departure Tolerances), 73.1560 (Operating Power and
- http://www.fcc.gov/eb/Public_Notices/da011314.doc http://www.fcc.gov/eb/Public_Notices/da011314.html
- Authorization or Transfer of Control, Notification of Consummation Greenville Broadcasting Company, Greenville, Pennsylvania. Philadelphia, PA District Office (4/12/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook Aura Broadcasting Corp., Hatillo, PR. Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.58 (Indicating Instruments), 73.1350 (Transmission System Operation), 73.1820 (Station Log), and 73.1870 (Chief Operator). San Juan, PR Resident Agent Office (4/3/01). Twin Eagle Communications, Poplar Bluff, MO. 47 C.F.R. 11.35 (Equipment Operational Readiness), 73.1125 (Station Main Studio Location), 73.1350 (Transmission System Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (4/19/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Corry Communications Corp,
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- and 90.425 (Station Identification). Philadelphia, PA District Office (5/7/01). 47 C.F.R. 1.1307 - Actions Which May Have a Significant Environmental Effect, For Which Environmental Assessments (EAs) Must Be Prepared Salem Media of Colorado, Inc. Lafayette, Colorado. Other violations: 47 C.F.R. 1.1310 (Radiofrequency Radiation Exposure Limits), 11.35 (Equipment Operations Readiness), 11.61 (Tests of EAS Procedures), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (5/18/01). 47 C.F.R. Part 2 - Frequency Allocation and Radio Treaty Matters; General Rules and Regulations 47 C.F.R. 2.815 - External Radio Frequency Power Amplifiers C & R Electronic CB Shop, West Memphis, AR. Other violations: 47 C.F.R. 95.413 ((CB Rule 13) What Communications Are Prohibited). New Orleans, LA District Office (5/3/01). Specialty
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- Monitoring Requirements), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operations), 73.1400 (Transmission System Monitoring), 73.1690 (Modification of Transmission Systems), 73.1745 (Unauthorized Operation) and 73.1820 (Station Log). Atlanta, GA District Office (6/18/01). Christian Broadcasting Group, Ceiba, PR. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 73.1230 (Posting of Station License), 73.1800 (General Requirements Related to the Station Log), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). San Juan, PR Resident Agent Office (6/26/01). 47 C.F.R. 11.35 - Equipment Operational Readiness Two Rivers Broadcasting Limited Partnership, KGGO(FM) & KJJY(FM), Des Moines, IA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.47 (Inspection of Antenna Structure Lights and Associated Control Equipment), 17.48 (Notification of
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- Registration Numbers). Columbia, MD District Office (7/11/01). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. 11.15 - EAS Operating Handbook John H. Wiggins, WJHW(FM), Bainbridge, GA. Other violations: 47 C.F.R. 11.35 (Equipment Operations Readiness), 73.1213 ( Antenna Structure Marking and Lighting), 73.1350 (Transmission System Operation), 73.1400 (Transmission System Monitoring and Control), 73.1820 (Station Log) and 73.1870 (Chief Operator). Atlanta, GA District Office (7/3/01). Lovett Broadcasting Enterprises, Inc., WGRA(AM), Cairo, GA. Other violations: 47 C.F.R. 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Atlanta, GA District Office (7/3/01) CSN International, Gillette, WY, (KLWD-FM, Facility ID #84184). Denver, CO District Office (7/31/01). 47 C.F.R. 11.35 - Equipment Operation Readiness Marion R. Williams,
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- Exhibited * Eure Family Limited Partnership, Yorktown, VA. $10,000 NAL. Norfolk, VA Resident Agent Office (8/16/01). 47 C.F.R. Part 73 Radio Broadcast Services * 47 C.F.R. 73.1350 Transmission System Operation * Palouse Country, Inc., KMAX(AM), Colfax, WA. $10,000 NAL. Other violations: 47 C.F.R. 73.1400 (Transmission System Monitoring and Control), 73.1560 (Operating Power and Mode Tolerances), 73.1580 (Transmission System Inspections), and 73.1870 (Chief Operators). Seattle, WA District Office (8/30/01). NOTICES OF VIOLATION 47 C.F.R. Part 1 Practice and Procedure * 47 C.F.R. 1.903 Authorization Required * Robert E. Parnell, WNYZ570, Columbia, SC. Other violation: 47 C.F.R. 90.427 (Precautions Against Unauthorized Operation). Atlanta, GA District Office (8/16/01). * Statcom Communications Corp., WPPH856, New York, NY. New York, NY District Office (8/22/01). * 47
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- Equipment), 73.1560 (Operating Power and Mode Tolerances) and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/12/01). * Promo Radio Corp., KMPG(AM), Hollister, CA. Other violations: 47 C.F.R. 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 73.1215 (Specifications for Indicating Instruments), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). San Francisco, CA District Office (9/12/01). * Keene of Iowa, Inc., Independence, IA. Other violation: 47 C.F.R. 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/17/01). * Adelphia Cable System, Danville, VA. Other violation: 47 C.F.R. 11.61 (Tests of EAS Procedures). Norfolk, VA Resident
- http://www.fcc.gov/eb/Public_Notices/da012948.html http://www.fcc.gov/eb/Public_Notices/da012948.pdf
- Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.23 (Specifications for Painting and Lighting of Antenna Structures), 17.48 (Notification of Extinguishment and Improper Functioning of Lights), 17.50 (Cleaning and Repainting), 73.58 (Indicating Instruments), 73.1201 (Station Identification), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances), 73.1590 (Equipment Performance Measurements), 73.1820 (Station Log), 73.1870 (Chief Operator) and 73.2526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (11/15/01). * School District, Bay City, WCHW-FM, Bay City, MI. Other violations: 47 C.F.R. 11.52 (EAS Code and Attention Signal Monitoring Requirements), 73.567 (Determining Operating Power), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operator) and 73.3527 (Local
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- 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (1/8/01). Redna Broadcasting Corporation, Pittsburg, PA., WJAS(AM). Other violations: 47 C.F.R. 11.35 (Equipment Operational Readiness), 11.51 (EAS Code and Attention Signal Transmission Requirements), 11.61 (Tests of EAS Procedures), 17.4(a) (Antenna Structure Registration), 17.4(g) (Posting of Antenna Structure Registration Numbers), 73.49 (AM Transmission System Fencing Requirements), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Philadelphia, PA District Office (1/16/01). Radio for the Blind & Handicap, Inc., WRBH(FM), New Orleans, LA. Other violations: 47 C.F.R. 73.1870 (Chief Operators) and 73.3527 (Local Public Inspection File for Noncommercial Educational Stations). New Orleans, LA District Office (1/24/01). Hancock Broadcasting Corporation, WBSL(AM), Bay St. Louis, MS. Other
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- This order imposes a forfeiture against Arnold Broadcasting Company, Inc. (``Arnold Broadcasting'') in the amount of $16,000 pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. 503(b), and Section 1.80 of the Commission's Rules (``the Rules''), 47 C.F.R. 1.80, for willful violations of Sections 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870 of the Rules, 47 C.F.R. 11.35, 11.61, 17.4, 73.1225, 73.1350, 73.1820, and 73.1870. These violations include failure to comply with the Rules for Emergency Alert System (``EAS'') equipment and antenna structure registration, as well as numerous violations of the Rules for broadcast stations. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office conducted a routine
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- Chief, Enforcement Bureau, found that Arnold had willfully violated several sections of the Commission's Rules ("Rules"): Sections 11.35(a) (failure to install and maintain operable Emergency Alert System ("EAS") equipment); 11.61 (failure to conduct EAS tests and activations or maintain logs of tests or activations); 17.4(g) (failure to post the antenna structure registration number at the base of the antenna tower); 73.1870 and 73.1350(b) (failure to designate and post the designation of a chief operator for the station); 73.1870(c)(3) (failure to have a chief operator review the station's records weekly and verify in the station log that KNEC operated in accordance with the Rules and its authorization); and 73.1225(c) and 73.1820(a) (failure to make the station's equipment performance measurements, written designation of
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- 23854, 23859-60 (1998), recon. denied, 15 FCC Rcd 7181 (1999)). On March 21, 2000, the Columbia Office issued an NOV to AFA for the following violations at WARN-FM: Sections 11.52(d) (failure to monitor two EAS sources), 11.61(b) (failure to log EAS tests received), 73.1560(b) (failure to maintain the transmitter output power between 90% and 105% of the authorized power), and 73.1870(c)(3) (failure to have the chief operator review the station logs at least once each week to determine if the required entries are made correctly). File No. EB-99-CF-035. In its response to this NOV, submitted on April 3, 2002, AFA acknowledged that it violated these rules. On September 23, 2002, the Kansas City Office issued an NAL for a $9,000 forfeiture
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- 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). Id. 7 FCC Rcd at 6802. NAL at 11. See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878 (2003). Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 7 FCC Rcd at 6802. See 47 C.F.R. 73.1870. 47 C.F.R. 73.1635 (Special Temporary Authorization); 47 C.F.R. 73.1740 (Minimum Operating Schedule). 47 U.S.C. 503(b), 47 C.F.R. 0.111, 0.311, 1.80(f)(4), 73.1125(a). 47 U.S.C. 504(a). See 47 C.F.R. 1.1914. Federal Communications Commission DA 06-664 Federal Communications Commission DA 06-664 $ $ $ $
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- public inspection file, lack of operational Emergency Alert System (``EAS'') equipment, lack of monthly EAS tests, no personnel or remote control equipment to control the transmitter, failure to post the license, failure to designate a chief operator, and failure to have equipment performance measurements available. See 47 C.F.R. 11.35, 11.61, 73.1125, 73.1230, 73.1300, 73.1350(b), (h), and (i), 73.1400, 73.1590, 73.1870 and 73.3527. See LOI at 2-3 and Ex. B. Response at 5. Id. at 4. See LOI, Ex. B. The only defense asserted by GLBC and GLBA in their Response is to claim that their pattern of constructing quasi-translators (if that) instead of the full-service NCE-FM stations authorized in their construction permits constitutes ``compliance'' with their authorizations because the facilities
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- willful violation of the following sections of the Rules: 11.35 (failure to install and maintain operable Emergency Alert System (``EAS'') equipment), 73.1350 (failure to have a transmitter control system in place which would allow the transmitter to be shut down within three minutes of an event requiring shut down), 73.1820 (failure to make required entries into the station log), and 73.1870 (failure to designate and post the designation of a chief operator for the station). For the reasons discussed below, we reduce the forfeiture to $10,000. BACKGROUND 2. On May 19, 1999, agents of the Commission's Denver Field Office ("Denver Office") conducted a routine inspection of FM broadcast station KNEC. The agents found several violations, including those noted above. On June
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- is proposed to be amended as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, 334, and 336 2. Section 73.1350(b)(2) is proposed to be revised as follows: 73.1350 Transmission system operation. (b) The licensee must designate a chief operator in accordance with 73.1870. The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. (2) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or
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- is undertaken, obtain a Special Temporary Authority (STA) in accordance with Section 73.1635 in order to operate with parameters at variance and/or with reduced power as required to maintain all monitoring points within their specified limits. 3. Section 73.1350(b)(2) is revised as follows: 73.1350 Transmission system operation. (b) The licensee must designate a chief operator in accordance with 73.1870. The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. (2) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or
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- and are expected to be technically competent for the task. Eliminating such a position would appear to go outside the scope of this proceeding, which has been oriented largely toward the roles of licensed duty operators. However, after reviewing the current and proposed regulations regarding technical personnel, the Commission has concluded that proposed Section 73.1350(b) is somewhat duplicative of Section 73.1870 (which requires the designation of a chief operator). Therefore, the proposed rule will not be adopted. Permissible methods for remote transmitter control Also emphasized in the Notice was the need for licensees to have prompt access to metering and control of their transmitters, particularly the ability to turn the transmitter off in the event of a malfunction. The Commission proposed
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- [555]TEXT [556]PDF 73.1730 Specified hours. [557]TEXT [558]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [559]TEXT [560]PDF 73.1740 Minimum operating schedule. [561]TEXT [562]PDF 73.1745 Unauthorized operation. [563]TEXT [564]PDF 73.1750 Discontinuance of operation. [565]TEXT [566]PDF 73.1800 General requirements related to the station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications
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- [508]TEXT [509]PDF 73.1730 Specified hours. [510]TEXT [511]PDF 73.1735 AM station operation pre-sunrise and post-sunset. [512]TEXT [513]PDF 73.1740 Minimum operating schedule. [514]TEXT [515]PDF 73.1745 Unauthorized operation. [516]TEXT [517]PDF 73.1750 Discontinuance of operation. [518]TEXT [519]PDF 73.1800 General requirements related to the station log. [520]TEXT [521]PDF 73.1820 Station log. [522]TEXT [523]PDF 73.1835 Special technical records. [524]TEXT [525]PDF 73.1840 Retention of logs. [526]TEXT [527]PDF 73.1870 Chief operators. [528]TEXT [529]PDF 73.1910 Fairness Doctrine. [530]TEXT [531]PDF 73.1940 Legally qualified candidates for public office. [532]TEXT [533]PDF 73.1941 Equal opportunities. [534]TEXT [535]PDF 73.1942 Candidate rates. [536]TEXT [537]PDF 73.1943 Political file. [538]TEXT [539]PDF 73.1944 Reasonable access. [540]TEXT [541]PDF 73.2080 Equal employment opportunities (EEO). [ [542]Media Bureau's EEO Page ] [543]TEXT [544]PDF 73.3500 Application and report forms. [545]TEXT [546]PDF 73.3511 Applications