FCC Web Documents citing 11.61

as compiled by hallikainen.com/FccRules on 2009 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-223A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-223A1.pdf
  • Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Playa del Sol Broadcasters (``Playa del Sol''). Playa del Sol seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau, found it liable for a monetary forfeiture in the amount of $12,000 for violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of Station KRCK-FM's EAS equipment and failure to maintain a main studio. In its petition, Playa del Sol does not dispute the violations but instead seeks rescission or reduction
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-232A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-232A1.pdf
  • testing. Notarized letter from Steven L. Delay, Chief Engineer, Rama Communications, to the Office of the Secretary, Federal Communications Commission (Apr. 5, 2004). It should be noted that although the agents found that the station logs showed no entries of EAS tests for WLAA since December 30, 2002, Rama was not charged in the NAL with a violation of Section 11.61 of the Rules, 47 C.F.R. § 11.61, for what was believed to be an apparent failure to test the EAS equipment. Rama again argues that its logging error resulted from its failure to properly label the combined log for WOKB and WLAA. Petition at ¶ 8. We do not dispute this contention (see note 10, infra), and point out that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3843A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3843A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3880A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3880A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-934A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-934A1.pdf
  • Further the station's general manger stated he could not remember when the station had last conducted a test. The Chief of the Enforcement Bureau, however, cancelled a portion of the amount of the proposed forfeiture with no adverse action whatsoever.'' We have reviewed the Palmetto case, in which the Enforcement Bureau cancelled a forfeiture assessed to Palmetto for violating Section 11.61 of the Rules, concerning the requirement that broadcast stations conduct monthly EAS tests. Contrary to the description of the Palmetto case by Farmworkers in its Petition, the Section 11.61 forfeiture was cancelled because Palmetto produced a sworn statement from the station's general manager stating that it did monitor and conduct weekly and monthly tests as of the date of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1717A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1717A1.pdf
  • and providing the EAS code transmission. In addition, under Section 11.32(a)(9)(v), EAS encoders are subject to a requirement that ``the switch used for initiating the automatic generation of the simultaneous tones [i.e., the two-tone Attention Signal or EAS tone] shall be protected to prevent accidental operation.'' EAS Participants are required to conduct tests at regular intervals as specified in Section 11.61, and such tests are required to conform with the procedures in the EAS Operating Handbook. Section 11.61(a)(2) of the Rules and the EAS Handbook specify EAS test procedures for AM and FM broadcast stations, providing that required weekly tests consist of transmitting the EAS header codes and the EOM code. No Attention Signal (EAS tone) is used for EAS weekly
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-24A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-24A1.pdf
  • at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. § 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 20083240004 (Enf. Bur., Philadelphia Office, rel. January 22, 2008). In the NAL, the Philadelphia Office also admonished Hensley for failing to maintain Emergency Alert System (``EAS'') logs in violation of Section 11.61(b) of the Rules. 47 C.F.R. § 11.61(b). The Commission granted the transfer of control application, File No. BTC-20070301ABB, on May 8, 2007, and the parties consummated the transfer on June 15, 2007. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(E). See WLDI, Inc., 17
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-694A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-694A1.pdf
  • during the test (e.g., audio voiceovers, video crawls) to make sure the public understands that the test is not, in fact, warning about an actual emergency, plus a statement whether the proposed test is designed to substitute for a ``RWT'' (required weekly test) or a ``RMT'' (required monthly test) or would constitute a "special test," pursuant to 47 C.F.R. § 11.61; 2) An explanation why the EAS Participant or the state authority conducting such tests has concluded that use of live codes is necessary; e.g., what live code testing is expected to achieve that could not be achieved by using standard test codes; 3) A statement about how the test has been coordinated among EAS Participants and with state and local
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-109A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-109A1.pdf
  • Y 10/1/02 N all channels \3\ Video interrupt and audio alert N Y 10/1/02 message on all channels; \4\ Audio and Video EAS message on at least one channel ------------------------------------------------------------------------ \1\ The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message or to the Required Monthly Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8-25 seconds in duration. \2\ Wireless cable systems serving < 5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. \3\ All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-225A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-225A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-225A1.txt
  • By the Chief, Enforcement Bureau: 1. 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2408A1_Erratum.doc
  • Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Tele Media Co. of Vermont, L.L.C., WKVT, Brattleboro, VT. Other violation: 47 C.F.R. § 11.35 (Equipment Operations Readiness). Boston, MA District Office (9/8/00). Cumulus Broadcasting, Inc., Washington, DC. Tampa, FL District Office (9/13/00). WCVC, Inc., Tallahassee, FL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 17.50 (Cleaning and Repainting). Tampa, FL District Office (9/14/00). Monterey Licenses, L.L.C., Monterey, CA. Other violation: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code
• 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
  • (10/26/00). 47 C.F.R. § 1.955 - Termination of Authorization Lyon Sand and Gravel Company, Wixom, MI. Detroit, MI District Office (10/26/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.11 - The Emergency Alert System (EAS) Dilip Viswanath (K44FO, Dallas, TX), East Elmhurst, NY. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 74.765 (Posting of Station and Operator Licenses), and 74.783 (Station Identification). Dallas, TX 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
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  • 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., WDIS, Norfolk, MA. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.58 (Indicating Instruments), 73.1230 (Posting of Station Licenses)), 73.1590 (Equipment Performance Measurements), 73.1870 (Chief Operators) and 73.3526 (Local Public Inspection File for Commercial Stations). Boston, MA District Office (11/16/00). Fifth Avenue Broadcasting Co., Inc., Huntington, WV. Other violations: 47 C.F.R. §§ 73.1800
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  • Inc. an Official Notice of Violation ("NOV") citing the above noted violations of the Rules. On April 14, 1998, the Tampa Office received a written response to the NOV. On June 1, 1998, the District Director of the Tampa Office issued an NAL to WGUL-FM, Inc. in the amount of $10,000 for the willful and continuous violation of Sections 11.52(d), 11.61(a), 73.1590(a)(6), and 73.3526(c) of the Rules. 4. WGUL-FM, Inc. filed a Request for Remission or Reduction of Forfeiture. The Compliance and Information Bureau issued a Forfeiture Order for three of the violations and ruled that the forfeiture attributable to the Section 73.1590(a)(6) violation for equipment performance measurements should be eliminated. Therefore, the Forfeiture Order reduced the forfeiture amount to $7,000
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-948A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-948A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-948A1.txt
  • 2. Following receipt of a complaint from Robert King, a former employee of Bay, the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a
• 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
  • Required) and 90.437 (Posting Station Licenses). Los Angeles, CA District Office (3/20/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook The Board of Education, West Bloomfield School District, Orchard Lake, MI, WBLD-FM (West Bloomfield, MI). 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
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  • WPKU578. Columbia, MD District Office (12/1/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Missouri Valley College, Marshall, MO. Other violation: 47 C.F.R. § 73.3527 (Local Public Inspection 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).
• 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
  • Equipment Operational Readiness Corry Communications Corp, WEYZ, Northeast, PA. Other violations: 47 C.F.R. §§ 73.1230 (Posting of Station License), 73.1560 (Operating Power and Mode Tolerances), 73.1870 (Chief Operator), and 73.3526 (Local Public Inspection File for Commercial Stations). Buffalo, NY Resident Agent Office (4/4/01). Las Vegas Broadcasters, Inc., (KKVV, Las Vegas, NV), West Palm Beach, FL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.189 (Minimum Antenna Heights or Field Strength Requirements), 73.1350 (Transmission System Operation), 73.1560 (Operating Power and Mode Tolerances) and 73.1870 (Chief Operator). Los Angeles, CA District Office (4/5/01). Rego, Ltd., c/o Betsy Trimble, WGEZ, Beloit, WI. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.54 (Antenna Resistance and Reactance Measurements), 73.1230 (Posting of Station
• 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
  • of Control, Notification of Consummation), 90.437 (Posting Station Licenses), 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
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  • Wilson Broadcasting Co., Inc., WAGF(AM), Dothan, AL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal 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. §§
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  • in part and deny in part the Petition for Reconsideration filed on February 24, 2000 by Arnold Broadcasting Company, Inc. (``Arnold''). Arnold seeks reconsideration of a Forfeiture Order, in which the 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
• 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
  • 47 C.F.R. § 11.35 - Equipment Operation Readiness Marion R. Williams, WSTT(AM), Thomasville, GA. Other violations: 47 C.F.R. §§ 73.44 (AM Transmission System Emissions Limitations), 73.49 (AM Transmission System Fencing Requirements), 73.51 (Determining Operating Power), 73.58 (Indicating Instruments) and 73.1560 (Operating Power and Mode Tolerances).. Atlanta, GA District Offices (7/3/01). Champlain Radio, Inc., Champlain, NY. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 73.44 (AM Transmission System Emissions Limitations) and 73.1560 (Operating Power and Mode Tolerances). Buffalo, NY Resident Agent Office (7/17/01). Jamie Patrick Broadcasting, Ltd., KTRY-FM, Bastrop, LA. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration), 17.50 (Cleaning and Repainting), 73.1230 (Posting of Station License), 73.1400 (Transmission System Monitoring and Control), 73.1800 (General Requirements Related to the
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  • C.F.R. § 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. §§
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2273A1.txt
  • Attention Signal Monitoring Requirements), 73.44 (AM Transmission System Emission Limitations), 73.1230 (Posting of Station License), 73.1350 (Transmission System Operation), 73.1590 (Equipment Performance Measurements), 73.1745 (Unauthorized Operation), 73.1870 (Chief Operator) and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (8/9/01). Bartow Broadcasting Co., Inc. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61(Tests of EAS Procedures), 73.49 (AM Transmission System Fencing Requirements) and 73.1840 (Retention of Logs). Tampa, FL District Office (8/22/01). 47 C.F.R. § 11.31 ­ EAS Protocol Agpal Broadcasting Inc., KPPT(AM/FM) Toledo, Oregon. Other violations: 47 C.F.R. § 73.3526 (Local Public Inspection File for Commercial Stations). Portland, OR Resident Agent Office (8/22/01). 47 C.F.R. § 11.35 ­ Equipment Operational Readiness Clarke
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2540A1.txt
  • 47 C.F.R. § 11.52 (EAS Code and Attention Signal Monitoring Requirements). Kansas City, MO District Office (9/24/01). Vera R. Baldwin, Inc., WDLW(AM), Fairfield, OH. Other violation: 47 C.F.R. § 11.52 (EAS Code and Attention Signal Monitoring Requirements). Detroit, MI District Office (9/28/01). · 47 C.F.R. § 11.35 ­ Equipment Operational Readiness EBC, Inc., McCook, KS. 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 Extinguishment or Improper Functioning of Lights), 17.49 (Recording of Antenna Structure Light Inspections in the Owner Record), 17.56 (Maintenance of Lighting 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).
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  • York, NY District Office (10/12/01). 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,
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  • New York, NY District Office (10/12/01). 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,
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  • NAL. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (11/27/01). 47 C.F.R. Part 11 ­ Emergency Alert System (EAS) Rules · 47 C.F.R. § 11.35 ­ Equipment Operational Readiness Navajo Broadcasting Company, Inc., KDJI(AM) & KZUA(FM), Holbrook, AZ. $10,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/2/01). 2 New World Broadcasting Company, Inc., New Roads, LA. $11,000 NAL. Other violation: 47 C.F.R. § 73.1400 (Transmission System Monitoring and Control). New Orleans, LA District Office (11/27/01). NOTICES OF VIOLATION Communications Act · 47 U.S.C. § 333 ­ Willful Or Malicious Interference Piedmont Aviation, Norfolk, VA. Norfolk, VA Resident
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  • C.F.R. § 1.903 - Authorization Required Express One, Inc. d/b/a Northside Car Service, Brooklyn, NY. Other violation: 47 C.F.R. § 90.403 (General Operating Requirements). New York, NY District Office (1/21/01). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook WPTT, Inc., Pittsburgh, PA. Other violations: 47 C.F.R. §§ 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
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  • 47 C.F.R. §§ 11.35 (Equipment Operational Readiness), 17.4(g) (Posting of Antenna Structure Registration) and 17.50 (Cleaning and Repainting). Tampa, FL District Office (2/1/01). Crocodile Broadcasting Corp., Inc. KGLA(AM), Marrero, LA. Other violations: 47 C.F.R. §§ 73.1820 (Station Log) and 73.1870 (Chief Operators). New Orleans, LA District Office (2/2/01). South Atlanta Broadcasting, Inc., WSSA(AM), Morow, GA. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number), 17.50 (Cleaning and Repainting), 73.49 (AM Transmission System Fencing Requirements), 73.1590 (Equipment Performance Measurements), 73.1745 (Unauthorized Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Atlanta, GA District Office (2/12/01). The Johns Hopkins University, Baltimore, MD, WJHU. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and
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  • APPARENT LIABILITY 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. § 11.35 - Equipment Operations Readiness WHYZ Radio L.P., Radio Station WCSZ(AM). $8,000 NAL. Atlanta, GA District Office (4/18/02). 47 C.F.R. § 11.52 - EAS Code and Attention Signal Monitoring Requirements Sycamore Valley Broadcasting, Inc., WQSV, Ashland City, TN. $25,000 NAL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.50 (Cleaning and Repainting), 73.1400 (Transmission System Monitoring and Control), and 73.1745 (Unauthorized Operation). Atlanta, GA District Office (4/30/02). 47 C.F.R. Part 17 - Antenna Structure Construction, Marking, and Lighting of Antenna Structures 47 C.F.R. § 17.4(g) - Posting of Antenna Structure Registration Number Madison Broadcasting Group, Inc., Danboro, PA. $12,000 NAL. Other violation: 47 C.F.R.
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  • (AM Transmission System Fencing Requirements). Tampa, FL District Office (5/7/02). WRHC Broadcasting, Corp., Miami, FL. $4,000 NAL. Tampa, FL District Office (5/7/02). Alpine Broadcasting, Ltd., KKIT(FM) - Angel Fire, NM and KXMT(FM), Taos, NM. $16,000 NAL. Denver, CO District Office (5/16/02). Oberlin College Student Network, Inc., Station WOBC-FM, Oberlin, OH. $8,000 NAL. Detroit, MI District Office (5/23/02). 47 C.F.R. § 11.61 - Tests of EAS Procedures New Wave Broadcasting, L.P., KPOI-FM, Honolulu, HI. $2,000 NAL. Honolulu, HI Resident Agent Office (5/16/02). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration Texas Cable Partners, L.P., Englewood, Colorado. $3,000 NAL. Houston, TX Resident Agent Office (5/21/02). 47 C.F.R. § 17.4(g) - Posting
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  • FRN 0004-0823-76 FORFEITURE ORDER Adopted: June 17, 2002 Released: June 19, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to TV 45 Productions, Inc. (``TV 45''), licensee of Class A television station KLHU-CA, for willful and repeated violation of Sections 11.35(a) and 11.61 of the Commission's Rules (``Rules''). The noted violations involve TV 45's failure to ensure that Emergency Alert System (``EAS'') equipment is installed and operational and its failure to conduct required weekly and monthly tests of the EAS. On March 13, 2002, the Commission's San Diego, California, Field Office (``San Diego Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'')
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit t Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Qwest Broadband Services, Inc. ) File No. EB-02-TS-215 ) Operator of Cable System in: ) ) Phoenix, AZ ) ) Request for Waiver of Section 11.61(a)2)(i)(B) ) ) of the Commission's Rules ) ORDER Adopted: June 28, 2002 Released: July 17, 2002 By the Chief, Technical and Public Safety Division, Enforcement Bureau: In this Order, we grant Qwest Broadband Services, Inc. (``Qwest Broadband'') a temporary, 12-month waiver of Section 11.61(a)(2)(i)(B) of the Commission's Rules (``Rules'') for the VDSL cable television system. Section 11.61(a)(2)(i)(B) requires cable systems
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  • CO District Office (6/28/02). 47 C.F.R. Part 1 ­ Practice and Procedure · 47 C.F.R. § 1.89 ­ Failure to Respond to Notices of Violation 1 This Public Notice replaces the "Enforcement Bureau Field Operations List of Actions Taken" Public Notice. 2 o BarJo Communications Group, Oneonto, NY. $23,000 NAL. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). Buffalo, NY Resident Agent Office (6/18/02). 47 C.F.R. Part 11 ­ Emergency Alert System Rules · 47 C.F.R. § 11.35 ­ Equipment Operational Readiness o Faith Bible College, Inc., licensee of FM Broadcast Station KTGF, Milton, Florida. $8,000 NAL. Tampa, FL District Office (6/4/02). o Cornbelt Broadcasting Co., WHOW and WHOW-FM, Clinton, IL. $17,000 NAL. Other
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  • ) Honolulu, Hawaii 96815 ) FRN 0005-3920-22 FORFEITURE ORDER Adopted: July 29, 2002 Released: August 1, 2002 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to New Wave Broadcasting, L.P. (``New Wave''), licensee of Station KPOI-FM, Honolulu, Hawaii, for willful and repeated violation of Section 11.61(a)(1)(v) of the Commission's Rules (``the Rules''). The noted violation involves New Wave's failure to retransmit the Emergency Alert System required monthly test. 2. On May 16, 2002, the Commission's Honolulu, Hawaii Resident Agent Office, issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to New Wave. New Wave has not filed a response to the
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  • 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 Inspections), 73.1820 (Station Log) and 73.1870 (Chief Operator). Denver, CO District Office (12/18/01). King Broadcasting Company, Roswell, NM, KBIM-FM (Facility ID #34854). Other violations: 47 C.F.R. §§ 11.61 (Tests of
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  • No. 200232480001 ) Ashland City, TN ) FRN 0003-7542-56 FORFEITURE ORDER Adopted: August 13, 2002 Released: August 15, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand ($4,000) to Sycamore Valley Broadcasting, Inc. (``Sycamore''), Ashland City, Tennessee, for repeated and willful violation of Sections 11.52(d), 11.61(a), 17.50, 73.1400 and 73.1745(a) of the Commission's Rules (``Rules''), The noted violations involve Sycamore's failure: to monitor two Emergency Alert System (``EAS'') sources; to send and receive the required EAS tests; to repaint its antenna structure as often as necessary to maintain good visibility; to maintain sufficient transmission system monitoring and control; and to reduce transmitter power after sunset. On
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  • Canon, GA, licensee of WBIC(AM) in Royston, GA. $12,000 NAL. Other violation: 47 C.F.R. § 73.1745 (Unauthorized Operation). Atlanta, GA District Office (7/30/02). Blue Skies Broadcasting Corp., KSKT-CA, San Marcos, CA. $15,000 NAL. Other violations: 47 C.F.R. § 73.683 (Field Strength Contours and Presumptive Determination of Field Strength at Individual Locations). San Diego, CA District Office (7/31/02). 47 C.F.R. § 11.61 (Tests of EAS Procedures Adelphia Communications, Huntington, WV. $2,000 NAL. Columbia, MD District Office (7/19/02). Pacific Broadcasting Company, Santa Barbara, CA. $2,000 NAL. Los Angeles, CA District Office (7/30/02). 47 C.F.R. Part 17 - Construction, Marking & Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration Community Broadcast Group, Inc., Tyler, TX. $3,000 NAL. Dallas, TX District
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  • FL District Office (8/6/02). Networx Corporation, Pittsford, NY. $10,000 NAL. Philadelphia, PA District Office (8/15/02). Gateway Security Systems, Inc., Jamaica, NY. $10,000 NAL. New York, NY District Office (8/19/02). 47 C.F.R. Part 11 - Emergency Alert System Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Jean J.Suh, d/b/a Radio Hankook, Puyallup, WA. $22,000 NAL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures), 17.4(g) (Posting of Antenna Structure Registration Number) and 17.50 (Cleaning and Repainting). Seattle, WA District Office (8/28/02). J&W Promotions, Inc., WAPZ, Wetumpka, AL $18,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration) and 73.49 (AM Transmission System Fencing Requirements). Atlanta, GA District Office (8/28/02). 47 C.F.R. Part 17 - Construction, Marking, and Lighting of
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  • XDSD3 Connecticut Other IXCs 0.90 Other IXCs 1.79 Other IXCs 2.68 Other IXCs 3.57 Other IXCs 4.47 Other IXCs 5.36 Exchange Access USOC Rate Comparison Differences Attachment A-8b Objective IX, Procedure 3 2 USOC Class of Service State Interexchange Carrier (ìIXCî) Unit Rate Other IXCs 6.25 Other IXCs 8.04 Other IXCs 8.93 Other IXCs 9.82 Other IXCs 10.72 Other IXCs 11.61 Other IXCs 12.50 Other IXCs 13.40 Other IXCs 14.29 Other IXCs 15.18 Other IXCs 16.07 Other IXCs 16.97 Other IXCs 17.88 Other IXCs 17.88 Other IXCs 18.75 Other IXCs 19.65 Other IXCs 20.54 Other IXCs 21.43 Other IXCs 22.32 Other IXCs 23.15 Other IXCs 24.11 Other IXCs 25.00 TMECS XDH1X Connecticut SBCS 130.00 TMECS XDH1X Connecticut SBCS 170.00 TMECS XDH1X
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  • Other violation: 47 C.F.R. § 73.1125 (Station Main Studio Location). San Diego, CA District Office (9/30/02). Hunt Broadcasting Group, Inc., KPWB AM and FM, Piedmont, MO. $19,000 NAL. Other violations: 47 C.F.R. §§ 73.49 (AM Transmission Fencing Requirements), 73.1350 (Transmission System Operation), and 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office (9/30/02). 47 C.F.R. § 11.61 - Tests of EAS Procedures Ho'ona'auao Community Television, Inc., KWBN-TV, Honolulu, HI. $4,000 NAL. Honolulu, HI Resident Agent Office (9/27/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.4(a) - Antenna Structure Registration J.L. Brewer Broadcasting of Cleveland, LLC, Dayton, TN. $3,000 NAL. Atlanta, GA District Office (9/9/02). P&G Properties, Inc., Rockwood, TN.
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  • Brooklyn, NY. $4,000 NAL. New York, NY District Office (10/8/02). Tekk Comm Communications, Waterford, NJ. $4,000 NAL. Philadelphia, PA District Office (10/22/02). 47 C.F.R. Part 11 - Emergency Alert System (EAS) Rules 47 C.F.R. § 11.35 - Equipment Operational Readiness Radio Lake Placid, Inc., WIRD, WLPW, Lake Placid, NY. $8,000 NAL. Buffalo, NY Resident Agent Office (10/3/02). 47 C.F.R. § 11.61 - Tests of EAS Procedures Travlyn Broadcasting, Inc., WIGG(AM), Muscle Shoals, AL. $7,000 NAL. Other violation: 47 C.F.R. § 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (10/1/02). Wilkins Communications Network, Inc., KLNG, Spartansburg, SC. $3,500 NAL. Other violation: 47 C.F.R. § 73.3526 (Local Public Inspection File for Commercial Stations). Kansas City, MO District Office
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  • §§ 1.89(b) and 11.35(a). Although the NAL correctly noted that Section 11.35(a) of the Rules requires broadcast stations to determine the cause of any failure to receive required monthly and weekly EAS tests and to make appropriate entries in their EAS logs indicating the reasons why such tests were not received, the NAL incorrectly cited BanJo for violation of Section 11.61(a) of the Rules, 47 C.F.R. § 11.61(a), for its failure to determine and log the reasons why monthly and weekly EAS tests were not received. The incorrect rule cite has no impact on this case because the facts and circumstances make it clear that the rule that was violated was Section 11.35(a). However, we are taking this opportunity to correct
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  • District Office (11/13/02). Pilgrim Communications, Inc., KWYD(AM), Colorado Springs, CO. $19,000 NAL. Other violations: 47 C.F.R. §§ 73.1125 (Station Main Studio Location), 73.1560 (Operating Power and Mode Tolerances) and 73.1745 (Unauthorized Operation). Denver, CO District Office (11/20/02). HBC License Corporation, licensee of Station KHOT-FM, Paradise Valley, Arizona and Station KHOV-FM, Wickenburg, Arizona. $ 8,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (11/29/02). 47 C.F.R. Part 17 - Construction, Marking and Lighting of Antenna Structures 47 C.F.R. § 17.4 - Antenna Structure Registration Georgia Transmission Corp., Tucker, GA. $3,000 NAL. Atlanta, GA District Office (11/5/02). NRS Enterprises, Inc., Tullahoma, TN. $3,000 NAL. Atlanta, GA District Office (11/5/02). 47 C.F.R. § 17.48 - Notification
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  • Television LLC, Eagle River, AK. $13,000 NAL. Other violation: 47 C.F.R. § 74.780 (Broadcast Regulations Applicable to Translators, Low Power, and Booster Stations). Anchorage, AK 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
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  • City, TN. Philadelphia, PA District Office (2/14/02). Roamer One, Inc., New York, NY. Philadelphia, PA District Office (2/14/02). Douglas SMR Works, Inc., Woodinville, WA. Philadelphia, PA District Office (2/14/02). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook CableVision, Lake Havasu City, AZ. Other violations: 47 C.F.R. §§ 11.35 (Equipment Operational Readiness) and 11.61 (Tests of EAS Procedures). San Diego, CA District Office (2/19/02). Adelphia Cable, Durven, PA. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (2/14/02). Genesis Communications I, Inc, Atlanta, FL. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements) and 17.4(a) (Antenna
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  • a NOV or Citation must do so in accordance with the instructions and by the deadline set forth in the NAL, NOV or Citation. NOTICES OF APPARENT LIABILITY 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.35 - Equipment Operational Readiness TV 45 Productions, Inc., KLHU-CA, Lake Havasu City, AZ. $8,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/13/02). 47 C.F.R. Part 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
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  • ) ) FRN 0007-3942-16 FORFEITURE ORDER Adopted: April 21, 2003 Released: April 23, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Adelphia Communications (``Adelphia''), operator of a cable television system in Huntington, West Virginia, for willful and repeated violation of Section 11.61(a) of the Commission's Rules (``Rules''). The noted violation involves Adelphia's failure to conduct required weekly and monthly tests of the Emergency Alert System (``EAS''). On July 19, 2002, the Commission's Columbia, Maryland Field Office (``Columbia Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Adelphia for a forfeiture in the amount of two thousand dollars ($2,000). Adelphia filed
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  • COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 11.35(a), 17.4(a) and 73.1350(a). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232620007 (Enf. Bur., New Orleans Office, released July 22, 2002). EAS activations and tests, failure to receive such tests and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(b). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). See 47 C.F.R. § 17.7 (providing that notification to the FAA is required for antenna structures that are more than 200 feet in height). Owners of antenna structures in Arkansas were required to register their existing antenna structures during a 30-day filing window between January 1 to January
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  • WSAO(AM), Senatobia, MS. $21,000 NAL. Other violations: 47 C.F.R. §§ 17.4(a) (Antenna Structure Registration) and 73.3526 (Local Public Inspection File for Commercial Stations). New Orleans, LA District Office (3/18/03). Mega Communications of Camden Licensee, L.L.C., (WEMG), New York, NY. $1,000 NAL. Philadelphia, PA District Office (3/28/03). Pentecostal Temple Development Corp., (WGBN), Pittsburgh, PA. $8,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (3/28/03). Desert Television LLC, KPSP-LP, Cathedral City - Palm Springs, CA. $8,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Diego, CA District Office (3/31/03). Playa Del Sol Broadcasters, KRCK-FM, Mecca, CA. $15,000 NAL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 73.1125 (Station Main
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  • No. 200232280003 WBUG-FM ) Utica, New York ) FRN 0003-3986-74 FORFEITURE ORDER Adopted: June 12, 2003 Released: June 16, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of eight thousand eight hundred dollars ($8,800) to Roser Communications Network, Inc. (``Roser''), for repeated violations of Section 11.35(a) and 11.61(a) of the Commission's Rules (``Rules''). The noted violations involve Roser's failure to have a fully operational Emergency Alert System (``EAS'') installed, its failure to log the reasons for the failure of its EAS apparatus to receive test transmissions and its failure to transmit the required monthly EAS tests. On July 18, 2002, the Commission's Buffalo, New York, Resident Agent Office
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  • 0005-0066-71 Wiggins, Mississippi ) ) Muscle Shoals, Alabama ) FORFEITURE ORDER Adopted: January 28, 2003 Released: January 30, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of seven thousand dollars ($7,000) to Tralyn Broadcasting, Inc. (``Tralyn''), licensee of Station WIGG(AM), Wiggins, Mississippi, for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Tralyn's failure to conduct weekly tests of the Emergency Alert System and failure to maintain all of the required items in the station's public inspection file. 2. On October 1, 2002, the District Director of the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice of
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  • Mail to Blue Skies Broadcasting Corporation, 5220 Campo Road Woodland Hills, CA 91364, and to its counsel, Peter Tannenwald, Esq., Irwin, Campbell & Tannenwald, P.C., 1730 Rhode Island Avenue, N.W., Suite 200, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 11.35(a) and 73.1125(c). The NAL also alleged a violation of 47 C.F.R. § 11.61. We will not address this allegation in this Forfeiture Order, because the NAL did not specify a forfeiture amount for violation of Section 11.61. Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200232940006 (Enf. Bur., San Diego Office, released July 31, 2002). 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 U.S.C. § 503(b)(2)(D). See,eg., Cornbelt Broadcasting Co., 18 FCC
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  • ORDER Adopted: August 27, 2003 Released: August 29, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Jean J. Suh d/b/a Radio Hankook (``Ms. Suh''), licensee of Station KSUH(AM), Puyallup, Washington, and Station KWYZ(AM), Everett, Washington, for willful violation of Sections 11.35(a), 11.61 and 17.4(g) of the Commission's Rules (``Rules''). The noted violations involve Ms. Suh's failure to have operational Emergency Alert System (``EAS'') equipment, failure to conduct required weekly and monthly EAS tests, and failure to post the Antenna Structure Registration number so that it is readily visible on or near the base of the KWYZ tower. On August 28, 2002, the
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  • indicated below, a petition for reconsideration filed on May 30, 2003, by Ho'ona'auao Community Television, Inc. (``Ho'ona'auao''), licensee of Station KWBN-TV, Honolulu, Hawaii of a Forfeiture Order issued in this proceeding. The Forfeiture Order issued a $4,000 forfeiture for Station KWBN-TV's failure to retransmit the Emergency Alert System Required Monthly Test (``EAS RMT'') in willful and repeated violation of Section 11.61(a)(1)(v) of the Commission's Rules (``Rules''). For the reasons discussed below, we reduce the monetary forfeiture to $2,000. II. BACKGROUND 2. On July 1, 2002, an agent from the FCC Honolulu, Hawaii Resident Agent Office (``Honolulu Office'') monitored television broadcast Station KWBN, Channel 44, from 11:15 a.m. HST until 1:15 p.m. HST. During this period, KWBN did not retransmit the EAS
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  • the day before the inspection. We find that Clarke's replacement of the Chief Operator prior to the inspection demonstrates good faith and warrants mitigation of the proposed monetary forfeiture to $6,000. No mitigation is warranted for a history of overall compliance. On August 2, 2001, the San Francisco Office issued an NOV to Clarke for violations of Sections 11.35(a), 11.52(d), 11.61(a) and 73.182(a)(1) of the Rules (radio stations KVLM and KZSQ, Sonora, California) and, on August 16, 2001, the San Francisco Office issued an NOV to Clarke for violations of Section 11.52(b) and 73.182(a)(1) of the Rules (radio station KKBN, Sonora, California). Clarke, therefore, has no history of overall compliance. Nor is mitigation warranted on the basis of Clarke's correction of
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  • NAL/Acct. No. 200332620011 Grenada, Mississippi ) FRN 0008-1877-18 ) FORFEITURE ORDER Adopted: October 22, 2003 Released: October 24, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Chatterbox, Inc. (``Chatterbox''), licensee of radio station WQXB(FM), Grenada, Mississippi, for willful and repeated violation of Section 11.61 of the Commission's Rules (``Rules''). The noted violation involves Chatterbox's failure to conduct required Emergency Alert System tests. 2. On April 18, 2003, the District Director of the Commission's New Orleans, Louisiana Field Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $2,000 to Chatterbox. Chatterbox has not filed a response to
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  • Station KWBN-TV ) FRN 0004-0750-57 Honolulu, Hawaii ) FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Ho'ona'auao Community Television, Inc. (``Ho'ona'auao'') licensee of Station KWBN-TV, Honolulu, Hawaii, for willful and repeated violation of Section 11.61(a)(1)(v) of the Commission's Rules (``Rules''). The noted violation involves Station KWBN-TV's failure to retransmit the Emergency Alert System Required Monthly Test. 2. On September 27, 2002, the Commission's Honolulu, Hawaii Resident Agent Office (``Honolulu Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of $4,000 to Ho'ona'auao. Ho'ona'auao has not filed a response to the NAL.
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  • a payment or file a response to an NAL must do so in accordance with the instructions and by the deadline set forth in the NAL. Communications Act 47 U.S.C. § 301 - Unauthorized Operation Gabriel Dorcely, Orange Park, FL. $10,000. Tampa, FL District Office (12/2/02). Arnold Broadcasting Company, Inc., KNEC(FM), Yuma, CO. $12,000 NAL. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Denver, CO District Office (12/4/02). Thomas J. Massett, Jacksonville, FL. $10,000 NAL. Tampa, FL District Office (12/11/02). Blue Ridge Erectors, Inc., Bangor, PA. $5,000 NAL. New York, NY District Office (12/27/02). J Transport, Inc. $10,000 NAL. New York, NY District Office (12/27/02). Robert A. Spiry, Tacoma, WA. $10,000 NAL. Seattle, WA District Office (12/30/02). 47 U.S.C.
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  • is clearly not a local telephone number either. See KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002) (quoting Emery Telephone, 13 FCC Rcd 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
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � ð ð ð ð Œ Œ Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Illinois State Emergency Communications ) Committee ) ) ) File No. EB-03-HS-030 ) ) Request for Waiver of Section 11.61(a)(1)(v) of the ) Commission's Rules ) ORDER Adopted: January 28, 2004 Released: January 29, 2004 By the Director, Office of Homeland Security, Enforcement Bureau: 1. In this Order, we grant the Illinois State Emergency Communications Committee (``Illinois SECC'') a six-month waiver of section 11.61(a)(1)(v) of the Commission's Rules (``Rules'') to conduct its Emergency Alert System (``EAS'') Required Monthly Test (``RMT'')
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  • 200432900005 Victorville, California ) FRN 0007940810 ) FORFEITURE ORDER Adopted: July 7, 2004 Released: July 9, 2004 By the Chief, Enforcement Bureau: In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) to Sunbelt Television, Inc. (``Sunbelt''), licensee of TV broadcast station KHIZ(TV), Victorville, California, for repeated violation of Section 11.35(a) and 11.61(a)(1) of the Commission's Rules (``Rules''). The noted violation involves Sunbelt's failure to conduct required monthly Emergency Alert System (``EAS'') tests and to determine the cause of failures to receive required EAS tests. On April 12, 2004, the Resident Agent of the Commission's Los Angeles, California Field Office (``Los Angeles Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
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  • economic hardship to warrant temporary waivers of section 11.11(a) of the Rules for the 153 cable systems listed in Appendix A, and grant Charter a waiver of these rules until October 1, 2005. Accordingly, IT IS ORDERED that, pursuant to Sections 0.111, 0.204(b) and 0.311 of the Rules, Charter Communications, Inc. IS GRANTED a waiver of Sections 11.11(a), 11.52(d) and 11.61 of the Rules as specified herein and the request for a declaratory ruling IS DISMISSED AS MOOT because it was withdrawn by Charter Communications, Inc. IT IS FURTHER ORDERED that Charter Communications, Inc. place a copy of this waiver in its system files. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail return
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  • DC ) FRN 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
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  • FRN No. 0006-1597-43 FORFEITURE ORDER Adopted: July 27, 2004 Released: July 29, 2004 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of six thousand dollars ($6,000) to Arnold Broadcasting Company, Inc. (``Arnold'') for willful and repeated violation of Section 301 of the Communications Act of 1934 (``Act'') and Section 11.61(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Arnold's operating radio transmitting equipment without a license and failing to receive and transmit required weekly tests of the Emergency Alert System (``EAS''). On December 4, 2002, the Commission's Denver District Office (``Denver Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Arnold for a forfeiture in the amount
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  • FRN No. 0003-7795-68 FORFEITURE ORDER Adopted: July 29, 2004 Released: August 2, 2004 By the Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand six hundred dollars ($1,600) to Pearson Broadcasting of Mesa, Inc. (``Pearson''), licensee of FM Station KTTG, Mena, Arkansas, for willful and repeated violation of Section 11.61 of the Commission's Rules (``Rules''). The noted violation involves Pearson's failure to receive and transmit required weekly and monthly tests of the Emergency Alert System (``EAS''). On February 18, 2003, the Commission's New Orleans District Office (``New Orleans Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Pearson for a forfeiture in the amount of two thousand dollars
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  • Response at 1. 47 C.F.R. § 503(b)(1)(B). See 47 U.S.C. § 312(f); see also Southern California Broadcasting Co., 6 FCC Rcd 4387, 4387-88, ¶ 5 (1991). See Enforcement Bureau Field Operations List of Actions Taken, 15 FCC Rcd 20423, 20425 (Enf. Bur. 2000) (referencing the September 14, 2000, Notice of Violation issued to WCVC, Inc. for apparent violation of Sections 11.61 and 17.50 of the Rules); see, e.g., Hill Country Real Estate Developmental Corp., DA 03-3200, ¶ 5 (Enf. Bur., released October 20, 2003) (rejecting a violator's past history claim on the basis of previously issued Warnings and/or Notices of Violations). We also note that the fact that the complainant here may have been a disgruntled station employee is irrelevant to
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  • No. 200332940004 FRN 000-425-6426 FORFEITURE ORDER Adopted: August 19, 2004 Released: August 23, 2004 By the Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of twelve thousand dollars ($12,000) to Playa del Sol Broadcasters (``Playa del Sol''), licensee of station KRCK-FM, Mecca, California, for willful and repeated violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of KRCK-FM's EAS equipment and failure to maintain a main studio. 2. On March 31, 2003, the Commission's San Diego, California Office (``San Diego Office'') issued a Notice of
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  • station had last conducted an EAS test. Based upon the station manager's contemporaneous statements and the absence of any required records, the agent concluded that station WAIM-AM had not conducted either weekly or monthly tests for the immediate prior three-month period. On May 7, 2003, the Atlanta Office issued an NAL to Palmetto for willful and repeated violation of Sections 11.61(a) and 17.4(a) of the Rules. In its response, Palmetto claims that, contrary to the allegations contained in the NAL, it does monitor and conduct both weekly and monthly tests of the EAS, but acknowledges that it was unable to produce supporting logs. Palmetto states that an employee accidentally discarded the logs. Palmetto supplemented its response with a sworn statement by
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  • 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 lighting from sunset to sunrise, in violation of Section 17.51(a). II. BACKGROUND On September 23, 2002, the Commission's Detroit Office received information that the top flashing obstruction lights on each of
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  • ORDER Adopted: October 13, 2004 Released: October 15, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) to Capital Media Corporation (``Capital Media''), licensee of radio stations WHAZ, WBAR-FM, WMYY and WMNV, for willful and repeated violation of Sections 11.35(a) and 11.61(b) of the Commission's Rules ("Rules") by failing to maintain station records of required monthly and weekly Emergency Alert System (``EAS'') test messages. 2. On March 1, 2004, the Commission's New York Field Office (``New York Office") issued a Notice of Apparent Liability for Forfeiture ("NAL"), to Capital Media for a proposed forfeiture in the amount of four thousand dollars ($4,000).
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  • 2004 Released: October 21, 2004 By the Assistant Chief, Enforcement Bureau: introduction In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of one thousand three hundred dollars ($1,300) to Big Island Radio (``Big Island''), former licensee of Station KHWI(FM), Hilo, Hawaii, for its repeated violations of the Emergency Alert System (``EAS'') requirements of Sections 11.35(a) and 11.61 of the Commission's Rules (``Rules''). background On March 11, 2004, the Commission's Honolulu, Hawaii Field Office (``Field Office'') released a Notice of Apparent Liability for Forfeiture (``NAL''). The NAL found that Station KHWI failed to receive and retransmit the EAS Required Monthly Test (``RMT'') between March and May 1, of 2003, and further failed to receive and retransmit the EAS
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  • ORDER Adopted: October 19, 2004 Released: October 21, 2004 By the Assistant Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand four hundred dollars ($2,400) to Crystal Coast Communications, Inc. (``Crystal Coast''), licensee of radio station WRIV(AM), Riverhead, New York, for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Commission's Rules ("Rules"). The noted violations are for failing to conduct required weekly tests of the Emergency Alert System (``EAS'') and failing to maintain required station records of each test and activation of EAS. 2. On March 8, 2004, the Commission's New York, New York Field Office (``New York Office") issued a Notice of Apparent Liability
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  • time, the station records available to the agent contained no evidence that any required monthly or weekly EAS tests had been received since the November inspection, other than one EAS test report dated February 11, 2003. On March 31, 2003, the San Diego Office issued the subject NAL to Desert for apparent willful and repeated violation of Sections 11.35 and 11.61 of the Rules. In its response, Desert disputes certain factual findings, believes that it has remained in substantial, if not full, compliance with the Rules, and urges the Commission to rescind or reduce the forfeiture amount based on the fact that it used its best efforts to make the appropriate changes to the EAS equipment to make it operational. III.
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  • and Order ("Order") we grant in part and deny in part the Petition for Reconsideration filed by Tralyn Broadcasting, Inc. (``Tralyn''), licensee of Station WIGG(AM), Wiggins, Mississippi. Tralyn seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau (``Bureau''), found it liable for a monetary forfeiture in the amount of $7,000 for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve Tralyn's failure to conduct weekly tests of the Emergency Alert System and failure to maintain all of the required items in the station's public inspection file. We lower the forfeiture here to $5,600 based on Tralyn's history of overall compliance. 2. On October 1, 2002, the District Director of
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  • ) FRN 0005-0098-40 ) FORFEITURE ORDER Adopted: April 2, 2004 Released: April 6, 2004 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand, five hundred dollars ($3,500) to Petracom of Joplin, L.L.C. (``Petracom''), licensee of station KCAR-FM, Galena, Kansas, for willful and repeated violations of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). The noted violations involve, respectively, Petracom's failure to conduct weekly Emergency Alert System (``EAS'') tests and to include ``issues/programs'' lists in the station's public file. On December 12, 2002, the Commission's Kansas City, Missouri Field Office (``Kansas City Office'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of three
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  • emergency. 11.55 EAS operation during a State or Local Area emergency. SUBPART E -- TESTS Brief Description: These rules describe EAS testing protocols for all participating entities. Need: Regular testing of EAS equipment will ensure operational readiness in the event of an emergency. Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 606. Section Number and Title: 11.61 Tests of EAS procedures. PART 13 -- COMMERCIAL RADIO OPERATORS Brief Description: The part 13 rules prescribe the manner and conditions under which commercial radio operators are licensed by the Commission. Need: These rules identify the different classes of commercial radio operator licenses and permits, set forth eligibility requirements, and establish a regulatory framework for the privatized commercial radio operator
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  • Communications Act of 1934, as amended (``Act'') and the Commission's Rules (``Rules''), and is therefore procedurally defective. II. BACKGROUND On December 4, 2002, the Commission's Denver District Office (``Denver Office'') issued Arnold a Notice of Apparent Liability (``NAL'') for a monetary forfeiture of twelve thousand dollars ($12,000) for willful and repeated violations of Section 301 of the Act and Section 11.61 of the Rules. Arnold responded to the NAL on January 2, 2003 and sought a reduction of the forfeiture amount. Arnold conceded the unlicensed STL operations exceeded the use authorized by Section 74.24 of the Rules, but it argued that its failure to secure a license was a procedural misunderstanding and that the operations posed no significant risk. Furthermore, Arnold
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  • July 19, 2005 Released: July 21, 2005 By the Regional Director, Western Region, Enforcement Bureau: In this Memorandum Opinion and Order (``Order''), we cancel a two thousand dollar ($2,000) Notice of Apparent Liability for Forfeiture (``NAL'') issued to Morongo Basin Broadcasting Corporation (``Morongo''), licensee of KCDZ(FM), in Twenty Nine Palms, California, for its apparent repeated violations of Sections 11.35(a) and 11.61 of the Commission's Rules ("Rules"). The alleged violations involved failure by Morongo to ensure that Emergency Alert System (``EAS'') monitoring and transmitting functions were available during the time the station was in operation. Based on our review of Morongo's response to the NAL, including its extensive efforts to implement a comprehensive EAS compliance plan prior to the FCC inspection, its
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  • 8, 2005 Released: February 10, 2005 By the Assistant Chief, Enforcement Bureau: INTRODUCTION In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of four thousand eight hundred dollars ($4,800) to Kimtron, Inc. (``Kimtron''), licensee of AM Station WPTR, Albany, New York and Station WDCD-FM, Clifton Park, New York, for willful and repeated violation of Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Commission's Rules (``Rules''). The noted violations involve Kimtron's failure to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failure to maintain station records of required monthly and weekly EAS test messages. On January 13, 2004, the Commission's New York, New York District Office (``New York Office'') issued a Notice of Apparent
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  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
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  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
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  • Chief, Enforcement Bureau: I. INTRODUCTION In this Memorandum Opinion and Order (``Order''), we deny the petition for reconsideration (``petition'') filed by Playa del Sol Broadcasters (``Playa del Sol''). Playa del Sol seeks reconsideration of the Forfeiture Order in which the Chief, Enforcement Bureau, found it liable for a monetary forfeiture in the amount of $12,000 for violation of Sections 11.35, 11.61, and 73.1125 of the Commission's Rules (``Rules''). The noted violations involve Playa del Sol's failure to ensure that required Emergency Alert System (``EAS'') equipment was operational, failure to conduct required tests of Station KRCK-FM's EAS equipment and failure to maintain a main studio. In its petition, Playa del Sol does not dispute the violations but instead seeks rescission or reduction
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  • testing. Notarized letter from Steven L. Delay, Chief Engineer, Rama Communications, to the Office of the Secretary, Federal Communications Commission (Apr. 5, 2004). It should be noted that although the agents found that the station logs showed no entries of EAS tests for WLAA since December 30, 2002, Rama was not charged in the NAL with a violation of Section 11.61 of the Rules, 47 C.F.R. § 11.61, for what was believed to be an apparent failure to test the EAS equipment. Rama again argues that its logging error resulted from its failure to properly label the combined log for WOKB and WLAA. Petition at ¶ 8. We do not dispute this contention (see note 10, infra), and point out that
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  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
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  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
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  • so that the monitoring and transmitting functions are available during the times the station is in operation. Cable systems must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires cable television systems to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and
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  • Further the station's general manger stated he could not remember when the station had last conducted a test. The Chief of the Enforcement Bureau, however, cancelled a portion of the amount of the proposed forfeiture with no adverse action whatsoever.'' We have reviewed the Palmetto case, in which the Enforcement Bureau cancelled a forfeiture assessed to Palmetto for violating Section 11.61 of the Rules, concerning the requirement that broadcast stations conduct monthly EAS tests. Contrary to the description of the Palmetto case by Farmworkers in its Petition, the Section 11.61 forfeiture was cancelled because Palmetto produced a sworn statement from the station's general manager stating that it did monitor and conduct weekly and monthly tests as of the date of the
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  • and providing the EAS code transmission. In addition, under Section 11.32(a)(9)(v), EAS encoders are subject to a requirement that ``the switch used for initiating the automatic generation of the simultaneous tones [i.e., the two-tone Attention Signal or EAS tone] shall be protected to prevent accidental operation.'' EAS Participants are required to conduct tests at regular intervals as specified in Section 11.61, and such tests are required to conform with the procedures in the EAS Operating Handbook. Section 11.61(a)(2) of the Rules and the EAS Handbook specify EAS test procedures for AM and FM broadcast stations, providing that required weekly tests consist of transmitting the EAS header codes and the EOM code. No Attention Signal (EAS tone) is used for EAS weekly
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  • at its address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Regional Director, Northeast Region Enforcement Bureau 47 C.F.R. § 73.3526(e)(12). Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 20083240004 (Enf. Bur., Philadelphia Office, rel. January 22, 2008). In the NAL, the Philadelphia Office also admonished Hensley for failing to maintain Emergency Alert System (``EAS'') logs in violation of Section 11.61(b) of the Rules. 47 C.F.R. § 11.61(b). The Commission granted the transfer of control application, File No. BTC-20070301ABB, on May 8, 2007, and the parties consummated the transfer on June 15, 2007. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(E). See WLDI, Inc., 17
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  • during the test (e.g., audio voiceovers, video crawls) to make sure the public understands that the test is not, in fact, warning about an actual emergency, plus a statement whether the proposed test is designed to substitute for a ``RWT'' (required weekly test) or a ``RMT'' (required monthly test) or would constitute a "special test," pursuant to 47 C.F.R. § 11.61; 2) An explanation why the EAS Participant or the state authority conducting such tests has concluded that use of live codes is necessary; e.g., what live code testing is expected to achieve that could not be achieved by using standard test codes; 3) A statement about how the test has been coordinated among EAS Participants and with state and local
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  • Norfolk, VA Office (3/22/00). Valley Stream Taxi, Valley Stream, NY. Jonathan AJtomero, KC2AGX, Bronx, NY. New York, NY Office (3/27/00). Unidos Para Cristo Communications Ministry, Corona, NY. New York, NY Office (3/27/00). Apollo Transportation, 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
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  • U.S. Postal service indicating delivery of the NOV on August 12, 2000. No reply to the NOV was received from the licensee to that NOV as of the date of release of this Notice. III. DISCUSSION 5. Section 11.35(a) states that ``...broadcast stations must determine the cause of any failure to receive the required tests or activation's specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log...indicating reasons why any tests were not received.'' At the time of the inspection on August 4, 2000, the KIRL station logs for the period of July 16 - August 3 documented receipt of EAS tests from only the National Weather Service. The logs did not contain the reasons
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  • the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength measurements and monitored broadcast times of radio station WKLN, 1170 kHz, St. Augustine, Florida. On May 4, 1999, agents inspected radio station WKLN. The monitoring and inspection revealed several violations of the Commission's Rules, including violations of 47 C.F.R. Sections 73.99(d)(1), 73.99(e), 73.1560(a)(1), 73.1350(c)(1), 73.1840(a), and 11.61(a)(1)(i) and (2)(ii)(A). On June 3, 1999, an Official Notice of Violation, (NOV), was issued to Betty's Communications Companies, Inc., by the Tampa District Office. On June 18, 1999, the Tampa District Office received a written response to the NOV from Mr. Harold Osborne, General Manager of radio station WKLN, St. Augustine, Florida. In his reply to the NOV, Mr. Osborne
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  • this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Arnold Broadcasting Company, Inc., ("Arnold Broadcasting") licensee of FM broadcast station KNEC, in Yuma, Colorado, has apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed aural broadcast auxiliary station without Commission authorization, and willfully and repeatedly violated Section 11.61 of the Commission's Rules ("Rules"), by failing to receive and transmit required weekly and monthly Emergency Alert System ("EAS") tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended, that Arnold Broadcasting is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND On June 13, 2002, a Denver Office
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  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: November 29, 2002 By the District Director, San Diego Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that HBC License Corporation (``HBC''), licensee of FM Broadcast stations KHOT-FM, Paradise Valley, Arizona and KHOV-FM, Wickenburg, Arizona, has apparently willfully and repeatedly violated Sections 11.35(a), 11.35(c) and 11.61 of the Commission's Rules by failing to maintain operational Emergency Alert System ("EAS") encoder and decoder equipment and by failing to conduct and log required EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that HBC is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND
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  • guidelines that must be followed by broadcast and cable personnel, emergency officials and National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. § 11.11. 47 C.F.R. § 11.35. 47 C.F.R. § 11.61. The required monthly and weekly tests are required to conform with the procedures in the EAS Operational Handbook. See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502 (April 16, 2002) (effective May 16, 2002, the required monthly EAS
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  • ) ) ) ) File No. EB-02-SD-288 NAL/Acct. No. 200332940004 FRN: 000-425-6426 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 31, 2003 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Playa Del Sol Broadcasters (``Playa Del Sol''), the licensee of broadcast station KRCK-FM, apparently willfully violated Sections 11.35, 11.61 and 73.1125 of the Commission's Rules (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational, by failing to conduct required tests of the station's EAS equipment and by failing to maintain a local main studio. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Playa Del Sol Broadcasters
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  • No. EB-00-CG-055 WJOL ) Joliet, Illinois ) NAL/Acct. No. X3232004 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJOL, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's Chicago,
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  • WBVS ) Coal City, Illinois ) NAL/Acct. No. X3232005 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WBVS, Coal City, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's Chicago,
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  • FORFEITURE Released: February 18, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Pearson Broadcasting of Mena, Inc. (``Pearson''), licensee of FM broadcast station KTTG, Mena, Arkansas, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Commission's Rules (``Rules''). Specifically, we find Pearson apparently liable for failing to conduct required Emergency Alert System (``EAS'') tests. II. BACKGROUND 2. On November 6, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected FM broadcast station KTTG in Mena, Arkansas. During the course of the inspection, no logs could be produced reflecting any EAS
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  • APPARENT LIABILITY FOR FORFEITURE Released: March 17, 2003 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Chatterbox, Inc. (``Chatterbox''), licensee of FM broadcast station WQXB, Grenada, Mississippi, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for willful and repeated violation of Section 11.61 of the Commission's Rules (``Rules''). Specifically, we find Chatterbox apparently liable for failing to conduct required Emergency Alert System (``EAS'') tests. II. BACKGROUND 2. On November 18, 2002, an agent from the FCC Enforcement Bureau's New Orleans Office inspected FM broadcast station WQXB in Grenada, Mississippi. During the course of the inspection, no logs dated since 1999 could be produced
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  • No. EB-03-SD-017 NAL/Acct. No. 200332940006 FRN: 000-497-4044 NOTICE OF APPARENT LIABILITY FOR FORFEITURE By the Enforcement Bureau: San Diego Office Released: March 31, 2003 INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Desert Television LLC (``Desert''), the licensee of Class A Television Broadcast (``Class A'') station KPSP-LP, apparently willfully and repeatedly violated Sections 11.35 and 11.61 of the Commission's Rules (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational, failing to receive and retransmit required monthly and weekly EAS tests, failing to determine the cause of the failure to receive the required tests, and failing to maintain required EAS logs. We conclude, pursuant to Section 503(b) of the Communications Act of
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  • No. EB-00-CG-053 WLLI-FM ) Joliet, Illinois ) NAL/Acct. No. X3232002 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WLLI-FM, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's Chicago,
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  • No. EB-00-CG-054 WJTW ) Joliet, Illinois ) NAL/Acct. No. X3232003 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 19, 2000 By the District Director, Chicago, Illinois, Field Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJTW, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules''). The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background On December 21, 1999, an agent from the Commission's Chicago,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237714A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237714A1.pdf
  • 207 Reston VA 22090 New River Valley Radio Partners LLC 1930 Isaac Newton Square Suite 207 Reston VA 22090 47 C.F.R. §§ 11.35(a), 17.50 and 73.49. 47 C.F.R. § 17.23. EAS tests and activations, failure to receive such tests and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.54(b)(12), 11.55(c)(7) and 11.61(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 to violate any provision
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  • APPARENT LIABILITY FOR FORFEITURE Released: December 9, 2002 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Radio Station WWAB, Inc., licensee of AM radio station WWAB, Lakeland, Florida, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for repeated and willful violation of Sections 11.61(a)(1) and 11.61(a)(2)(i)(A) of the Commission's Rules (``Rules''). Specifically, we find Radio Station WWAB, Inc. apparently liable for failing to conduct weekly and monthly tests of the Emergency Alert System (``EAS''). II. BACKGROUND 2. On September 10, 2002, agents from the FCC Enforcement Bureau's Tampa Field Office inspected station WWAB (AM) in Lakeland, Florida. The broadcast station log contained no entries
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237757A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237757A1.pdf
  • Small Entities. Corporation name was changed from ``The Watch, Inc.'' to ``Renaissance Radio, Inc.'' effective August 26, 2002. As of February 3, 2003, registration data for antenna structures still listed in the name ``The Watch, Inc.'' 47 C.F.R. §§ 11.35(a), 17.51(a), and 73.49. EAS activations and tests must be entered in the station log. See 47 C.F.R. §§ 11.55(c)(7) and 11.61(b). See 47 C.F.R. § 11.35(a). A broadcast station may operate for 60 days pending repair or replacement of defective EAS equipment, but entries must be made in the station logs showing when the equipment was removed and restored to service. See 47 C.F.R. § 11.35(b). See 47 C.F.R. § 17.21(a). Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
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  • of Texarkana, L.L.C., 1527 N. Dale Mabry Hwy, Lutz, Florida 33549. FEDERAL COMMUNICATIONS COMMISSION James D. Wells District Director, Dallas Office Enforcement Bureau Attachment 47 C.F.R. § 11.35(a). See 47 C.F.R. § 11.35(c). EAS activations and tests, failure to receive such tests and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(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 to violate any provision
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  • FOR FORFEITURE Released: October 3, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Wilkins Communications Network, Inc., licensee of AM radio station KLNG, Council Bluffs, Iowa, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Commission's Rules (``Rules''). Specifically, we find Wilkins Communications Network, Inc. apparently liable for failing to transmit EAS tests and for failing to maintain the most recent requests for political time in the public file. II. BACKGROUND 2. On August 15, 2002, an agent from the FCC Enforcement Bureau's Kansas City Field Office inspected radio station KLNG,
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  • FORFEITURE Released: December 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. BACKGROUND On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio
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  • ) File Number EB-03-KC-020 NAL/Acct. No.200332560017 FRN 0001-5308-72 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 9, 2003 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Falcon Cablevision D/B/A Charter Communications (``Charter''), operator of the cable television system serving Osage Beach, Missouri, willfully and repeatedly violated Section 11.61(a)(1) of the Commission's Rules (``Rules'') by failing to conduct required monthly tests of the Emergency Alert System (``EAS''). We conclude that Charter is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND On January 30, 2003, an agent of the Commission's Kansas City Field Office inspected Charter's cable system located at 5151 Highway 54,
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  • Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Palmetto Broadcasting Company, Inc., (``Palmetto''), licensee of AM radio station WAIM, Anderson, South Carolina, and owner of an unregistered antenna structure utilized by radio station WAIM, apparently liable for a forfeiture in the amount of five thousand dollars ($5,000) for willful and repeated violation of Sections 11.61(a) and 17.4(a) of the Commission's Rules (``Rules'').1 Specifically, we find Palmetto Broadcasting Company, Inc. apparently liable for failing to conduct tests of the Emergency Alert System (``EAS'') and for failing to register its antenna structure. BACKGROUND On April 16, 2003, an agent from the FCC Enforcement Bureau's Atlanta Office conducted an inspection of WAIM's EAS installation and its antenna structure.
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  • regular mail and Certified Mail Return Receipt Requested to Clinton Radio Company, P.O. Box 448, Clinton, Missouri 64735. FEDERAL COMMUNICATIONS COMMISSION Robert C. McKinney Kansas City Office, Enforcement Bureau Attachment 47 C.F.R. §§ 11.35(a) and 73.3526(c). 47 C.F.R. §§ 11.35 and 73.3526. Among other requirements, Required Monthly Tests must be retransmitted within 60 minutes of receipt. See 47 C.F.R. § 11.61(a)(1)(v). See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg (April 16, 2002) (effective May 16, 2002, the required monthly EAS test must be transmitted within 60 minutes of receipt.) See 47 C.F.R. § 11.35(b). See 47 C.F.R. § 11.35(c).
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  • NAL/Acct. No. 200332360005 South Haven, Michigan ) ) 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
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  • Systems of New York City Corporation ) NAL/Acct. No. 200332380008 ) Bethpage, NY ) FRN: 0004-5055-66 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, New York Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cablevision Systems of New York City Corporation (``Cablevision'') has apparently violated Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required weekly and monthly EAS tests received. We conclude that Cablevision is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). BACKGROUND On September 17, 2002, a Commission
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  • 20554 In the Matter of ) ) File No. EB-02-NY-212 ) Cablevision of Newark ) NAL/Acct.No. 200332380013 ) Woodbury, NY ) FRN: 0003-7361-39 ) Released: January 27, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cablevision of Newark (``Cablevision'') has apparently violated Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly tests of the Emergency Alert System (``EAS''), and failing to maintain station records of required monthly and weekly EAS tests messages. We conclude that Cablevision is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). BACKGROUND On September 5, 2002, Commission agents
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  • Multimedia, LLC. ) NAL/Acct. No. 200332380014 WLIE ) Deer Park, NY ) FRN: 0003-5088-84 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 28, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Long Island Multimedia, LLC., licensee of radio station, WLIE, has apparently violated Sections 11.61(a)(2)(i)(A) and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required monthly and weekly EAS test messages. We conclude that Long Island Multimedia, LLC. is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On October
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  • Liability Company ) NAL/Acct. No. 200332380015 WRCN-FM ) Newton, MA ) FRN: 0003-7827-60 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 31, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that IW Limited Liability Company (``IW''), licensee of radio station, WRCN-FM, has apparently violated Sections 11.61(a)(2)(i)(A), 11.61(a)(1)(i), and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required monthly and weekly EAS test messages. We conclude that IW is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On October
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  • New York City Corporation ) ) NAL/Acct. No. 200332380016 Bethpage, NY ) ) FRN: 0004-5055-66 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: February 14, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cablevision Systems of New York City Corporation (``Cablevision'') has apparently violated Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required monthly and weekly EAS tests messages. We conclude that Cablevision is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On October
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  • ) File No. EB-03-NY-019 Time Warner Cable ) Ferndale, NY ) NAL/Acct. No. 200332380019 ) ) FRN: 0008-4371-13 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 31, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Time Warner Cable (``Time Warner'') has apparently violated Sections 11.61(a)(2)(i)(B) and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required weekly EAS test messages. We conclude that Time Warner is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On February 5, 2003, Commission agents
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  • Station WGBN ) Pittsburgh, Pennsylvania ) FRN: 0008 2535 44 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 28, 2003 By the District Director, Philadelphia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pentecostal Temple Development Corporation (``Pentecostal''), the licensee of AM broadcast station WGBN, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(i)(A) of the Commission's Rules (the ``Rules''). These sections respectively require that a broadcast station make entries in the station logs indicating the reason why it failed to receive an Emergency Alert System (``EAS'') test and that broadcast stations conduct Required Monthly Tests (``RMT'') and Required Weekly Tests (``RWT'') of the EAS equipment. We conclude that Pentecostal is apparently
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  • ) File No. EB-02-LA-142 ) NAL/Acct. No. 200232900006 ) FRN 0003-7476-31 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 30, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pacific Broadcasting Company (``Pacific''), licensee of station KDB, Santa Barbara, California, apparently willfully violated Section 11.61 of the Commission's Rules ("Rules")1 by failing to monitor either of the Local Primary stations (``LP1'' and ``LP2'') designated in the Emergency Alert System ("EAS") Local Area Plan for Santa Barbara County, and failing to receive and retransmit required weekly and monthly EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that
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  • Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Navajo Broadcasting Company, Inc. (Navajo Broadcasting), licensee of radio stations KDJI (AM) and KZUA (FM) at Holbrook, Arizona, has apparently violated Section 503(b) of the Communications Act of 1934,1 as amended (``Act''), and has apparently willfully and repeatedly violated Section 11.35(a) and Section 11.61 of the Commission's Rules and Regulations (``Rules'')2 by failing to ensure that Emergency Alert System (EAS) equipment was installed and operating, and by failing to receive or retransmit weekly and monthly EAS tests at stations KDJI(AM) and KZUA(FM). We conclude that Navajo Broadcasting Company, Inc., is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). BACKGROUND
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  • C.F.R. § 90.175. 47 C.F.R. § 1.929(c)(4)(v). 47 C.F.R. § 90.159 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 47 U.S.C. § 503(b)(2)(D). 47 C.F.R. § 1.80(b)(4). 47 C.F.R. §§ 0.111, 0.311, 1.80. 47 C.F.R. §§ 11.35(a) and 11.61. 47 C.F.R. § 1.1914. Federal Communications Commission - J J J J J J J $ &`#$ ( ­
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  • No. 200232940006 FRN: 0003-7774-06 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 31, 2002 By the Enforcement Bureau: San Diego Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Blue Skies Broadcasting Corp. (``Blue Skies''), the licensee of Class A Television Broadcast (``Class A'') station KSKT-CA in San Marcos, California, apparently willfully violated Sections 11.35(a), 11.61 and 73.1125(c) of the Commission's Rules and Regulations (``Rules''), by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational and failing to establish a main studio at a location within the station's predicted Grade B contour (as outlined in Section 73.683 of the Rules). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as
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  • are responsible for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and receiving equipment used as part of the EAS are installed so that monitoring and transmitting functions are available during the time the station and system are in operation. Additionally, broadcast stations must determine the cause of any failure to receive tests or activations specified in Section 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in Section 73.1820 and 73.1840 of this chapter indicating the reasons why any tests were not received. WEMG failed to receive a RWT from WPST between March 13, 2002 and May 12, 2002, between May 15, 2002 and November 2, 2002 and between November 4, 2002
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  • (202) 418-0990. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Small Town Radio, Inc., 12600 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce Atlanta Office, Enforcement Bureau Attachment 47 C.F.R. § 73.49 and 11.35(a). See 47 C.F.R. §§ 11.35 and 11.61. 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 to violate any provision
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  • FRN 0006-1414-02 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: August 28, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jean J. Suh, d/b/a Radio Hankook (``Suh''), licensee of station KSUH(AM) in Puyallup, Washington and station KWYZ(AM) in Everett Washington, has apparently willfully violated Sections 11.35(a), 11.61, 17.4(g) and 17.50 of the Federal Communications Commission's ("FCC") Rules by failing to have operational Emergency Alert System ("EAS") equipment, failing to conduct required weekly and monthly EAS tests, failing to post the Antenna Structure Registration (``ASR'') number in a conspicuous location so that it is visible near the base of the antenna structure, and failing to clean or repaint
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  • The agents could not easily distinguish between white and red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass
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  • Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that First National Broadcasting Corporation ("First National"), licensee of AM broadcast stations KXOL and KSOS, licensed to serve Brigham City, Utah, apparently willfully violated Section 73.1125 of the Commission's Rules ("Rules") by failing to maintain a main studio, and apparently willfully and repeatedly violated Sections 11.61 and 73.1820 of the Commission's Rules by failing to conduct and log required Emergency Alert System ("EAS") tests.1 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that First National is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND On August 13, 2001, FCC Agents from the
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  • No. 200232860001 Honolulu, Hawaii 96815 ) FRN # 0005-3920-22 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 16, 2002 By the Enforcement Bureau: Honolulu Resident Agent Office I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that New Wave Broadcasting, L.P., (``New Wave''), licensee of station KPOI-FM, Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 11.61(a)(1)(v) of the Commission's Rules, by failing to retransmit the Emergency Alert System (``EAS'') Required Monthly Test (``RMT''). We conclude, pursuant to Section 503(b) of the Communications Act, as amended (``Act''), that New Wave is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND On June 1, 2001, an Agent of the FCC's Honolulu Resident
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  • No. 200232860003 Honolulu, Hawaii ) FRN 0004-0750-57 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 27, 2002 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ho'ona'auao Community Television, Inc., (``Ho'ona'auao''), licensee of television broadcast station KWBN in Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 11.61(a)(1)(v) of the FCC Rules and Regulations (``Rules''), by failing to retransmit the Emergency Alert System (``EAS'') required monthly test (``RMT''). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Ho'ona'auao is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On July 1, 2002, Agent Raymond of
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  • ) NAL/Acct. No. 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,
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  • L.T. Simes II & Raymond Simes, P.O. Box 2870, West Helena, Arkansas, 72390. FEDERAL COMMUNICATIONS COMMISSION James C. Hawkins District Director, New Orleans Office Enforcement Bureau 47 C.F.R. §§ 11.35(a), 17.4(a), and 73.1350(a). EAS activations and tests, failures to receive such tests, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(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 to violate any provision
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  • ) ) ) ) ) ) File Number EB-02-SJ-085 NAL/Acct. No.200232680006 FRN 0004-3596-18 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 18, 2002 By the Enforcement Bureau, San Juan Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture, we find that Reef Broadcasting, Inc. (``Reef''), licensee of radio stations WRRA, WAXJ and WDHP, willfully and repeatedly violated Section 11.61(a)(1)(i) of the Commission's Rules, by failing to conduct the required monthly tests of the Emergency Alert System (``EAS''). We conclude that Reef Broadcasting, Inc. is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND On April 26, 2002, in response to a complaint, an agent of the Commission's San Juan Resident Agent Office inspected
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  • and Certified Mail Return Receipt Requested to Adelphia Communications, 256 Hwy 278 E., Cullman, Alabama 35055. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director Atlanta Office, Enforcement Bureau 47 C.F.R. § 11.35(a). EAS activations and tests, failures to receive such tests, and EAS equipment malfunctions must be recorded in the cable system record. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(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 to violate any provision
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  • Requested to J & W Promotions, Inc., 2821 U.S. Hwy 231. Wetumpka, Alabama, 36092. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director, Atlanta Office Enforcement Bureau 47 C.F.R. §§ 11.35(a), 17.4(a), and 73.49. EAS activations and tests, failures to receive such tests, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(b). See 47 C.F.R. § 17.7(a). 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
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  • additional copy to Southern Media Communications, Inc at 1318 S. Main Street, Atmore, Alabama, 36502. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce District Director, Atlanta Office Enforcement Bureau 47 C.F.R. §§ 11.35(a) and 17.4(a). EAS activations and tests, failures to receive such tests, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(b). See 47 C.F.R. § 17.7(a). 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
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  • responsible for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating 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. Additionally, broadcast stations must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log indicating reasons why any tests were not received. KGGF-KUSN, Inc. stated it had problems receiving EAS activations at the time of inspection on May 1, 1998. Four years later, the station continued to fail to receive RWTs and RMTs. The station was not initiating RWTs as required during
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  • to have the station license and authorizations posted so 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
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  • 2001. At time of inspection Two Rivers maintained a manager responsible for accounts receivable 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238302A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-238302A1.pdf
  • the Matter of ) ) File No. EB-02-CF-336 ) Adelphia Communications ) NAL/Acct. No. 200232340003 ) Huntington, WV ) FRN 0007-3942-16 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 19, 2002 By the District Director, Columbia Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Adelphia Communications (``Adelphia'') has apparently violated Section 11.61(a) of the Commission's Rules (``Rules'') by failing to conduct tests of the Emergency Alert System (``EAS'') equipment and procedures as required. We conclude that Adelphia is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND On May 15, 2002, an agent from the Commission's Columbia, Maryland office conducted an inspection of Adelphia's Huntington, WV
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  • Warner Cable ) File No. EB-01-PL-037 10210 Crosstown Circle ) Eden Prairie, Minnesota ) NAL/Acct. No. 200132280001 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 3, 2001 By the Resident Agent, Saint Paul Office, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Time Warner Cable (``Time Warner'') has apparently violated Sections 11.35(a), 11.61(a)(1)(iii), and 11.61(a)(2)(i)(B) of the Commission's Rules (the ``Rules''). These violations occurred as a result of the failure of the Time Warner Cable system located in Eden Prairie, MN to have functional equipment capable of receiving and sending Emergency Alert System (``EAS'') alerts to subscribers, failure to transmit required weekly and monthly EAS tests, failure to have a copy of the
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  • EAS tests or notifications. The antenna structure located at 43º 04' 52'' North Latitude and 70º 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
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  • FORFEITURE Released: December 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. BACKGROUND On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file for radio
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  • LIABILITY FOR FORFEITURE Released: October 1, 2002 By the Enforcement Bureau, New Orleans Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Tralyn Broadcasting, Inc. (``Tralyn''), licensee of AM radio station WIGG, Wiggins, Mississippi, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for repeated and willful violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules''). Specifically, we find Tralyn apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On August 13, 2002, an agent from the FCC Enforcement Bureau's New Orleans Field Office inspected station WIGG(AM) in
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  • Box 619 Ashland City, TN 37015 ) ) ) ) ) ) ) File Number EB-02-AT-050 NAL/Acct. No. 200232480001 FRN 0003-7542-56 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 30, 2002 By the Enforcement Bureau, Atlanta Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Sycamore Valley Broadcasting, Inc. ("Sycamore") apparently violated Sections 11.52(d), 11.61(a), 17.50, 73.1400, and 73.1745(a) of the Commission's Rules. WQSV failed to: monitor two Emergency Alert System (``EAS'') sources, send and receive required EAS tests, re-paint its antenna structure to restore good visibility, maintain operating transmission system monitoring equipment, and reduce transmitter power between the times of local sunset and sunrise. We conclude that Sycamore Valley Broadcasting, Inc. is apparently liable
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  • of Paramus-Hillsdale, LLC. ) Montvale, NJ ) NAL/Acct. No. 200332380023 ) ) FRN: 0007 2502 69 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 18, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that US Cable of Paramus-Hillsdale, LLC. (``US Cable'') has apparently violated Sections 11.61(a)(1)(iii), 11.61(a)(2)(i)(B), and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required monthly and weekly EAS test messages. We conclude that US Cable is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On
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  • guidelines that must be followed by broadcast and cable personnel, emergency officials and National Weather Service personnel to activate the EAS for state and local emergency alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and relay EAS sources. 47 C.F.R. § 11.11. 47 C.F.R. § 11.35. 47 C.F.R. § 11.61. The required monthly and weekly tests are required to conform with the procedures in the EAS Operational Handbook. See also, Amendment of Part 11 of the Commission's Rules Regarding the Emergency Alert System, EB Docket No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502 (April 16, 2002) (effective May 16, 2002, the required monthly EAS
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  • Commission's Rules, to Eolin Broadcasting, Inc., licensee of radio station WENY. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WENY located in Elmira, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WENY logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August
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  • Commission's Rules, to Eolin Broadcasting, Inc., licensee of radio station WENY-FM. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WENY-FM located in Elmira, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WENY-FM logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August
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  • Rules, to Eolin Broadcasting, Inc., licensee of radio station WCBA. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WCBA, located in Corning, New York, and observed the following violation(s): . 47 C.F.R. § 11.35(a): ``... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WCBA logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August
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  • Commission's Rules, to Eolin Broadcasting, Inc., licensee of radio station WCBA-FM. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WCBA-FM located in Corning, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WCBA-FM logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August
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  • each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities.'' At the time of inspection, station WIMG-AM was monitoring station WPST-FM and the National Weather Service as EAS sources. However, the station must also monitor station WKDN-FM, according to the New Jersey State Plan. 47 C.F.R. § 11.61(b): ``Entries shall be made in broadcast station ... records as specified in § 11.54(b)(12).'' At the time of inspection, station WIMG-AM's records failed to show why it did not receive the weekly tests from WPST-FM between September 7 and September 13, 2003 and between October 5 to October 20, 2003. 47 C.F.R. § 73.1745(a): ``No broadcast station shall operate at
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  • Rules, to Chemung County Radio, Inc., licensee of radio station WPGI On September 18, 2003, an agent of the Commission's Buffalo Office inspected radio station WPGI located in Horseheads, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``.... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WPGI logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WENY, for the periods June 17 to July 4, 2003; July 18
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  • Rules, to Chemung County Radio, Inc., licensee of radio station WWLZ On September 18, 2003, an agent of the Commission's Buffalo Office inspected radio station WWLZ located in Horseheads, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``.... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WWLZ logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WENY, for the periods June 17 to July 4, 2003; July 18
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  • Commission's Rules, to Eolin Broadcasting, Inc., licensee of radio station WCLI. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WCLI located in Corning, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``.... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WCLI logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242205A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242205A1.pdf
  • the Commission's Rules, to Eolin Broadcasting, Inc., licensee of radio station WGMM. On September 25, 2003, an agent of the Commission's Buffalo Office inspected radio station WGMM located in Big Flats, New York, and observed the following violation(s): 47 C.F.R. §11.35(a): ``.... Additionally broadcast stations must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840.'' WGMM logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WNKI, for the periods June 4 to June 19, 2003 and August 21 to September 10, 2003. 47 C.F.R. § 11.61(a)(2)(A): ``Effective
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242443A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242443A1.pdf
  • to Chemung County Radio, Inc., licensee of radio station WGMF On September 18, 2003, an agent of the Commission's Buffalo Office inspected radio station WGMF located in Watkins Glen, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WGMF logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WENY, for the periods June 17 to July 4, 2003; July 18
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242444A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242444A1.pdf
  • to Chemung County Radio, Inc., licensee of radio station WNGZ On September 18, 2003, an agent of the Commission's Buffalo Office inspected radio station WNGZ located in Montour Falls, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``.... Additionally broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WNGZ logs did not contain entries determining the cause of any failure to receive weekly tests from LP-1, WENY, for the periods June 17 to July 4, 2003; July 18
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242624A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242624A1.pdf
  • Cable, Albany Division ) Albany, NY ) NAL/Acct. No. 200432380004 ) ) FRN: 0008 4371 13 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 29, 2003 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Time Warner Cable, Albany Division (``Time Warner'') has apparently violated Sections 11.61(a)(1)(iii) and 11.61(a)(2)(i)(B) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS''). We conclude that Time Warner is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND On June 5, 2003, a Commission agent conducted an EAS inspection of Time Warner's headend location
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1.pdf
  • 6 FCC Rcd 3615, 3616 (1991), clarified, 7 FCC Rcd 6800 (1992). Id., 6 FCC Rcd at 3616 n.2; 7 FCC Rcd at 6800 n.4. Id., 7 FCC Rcd at 6802. EAS tests and activations, failure to receive such test and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(b). 47 C.F.R. § 73.3527(a)(2). 47 C.F.R. § 73.3527(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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242819A1_Erratum.doc
  • 6 FCC Rcd 3615, 3616 (1991), clarified, 7 FCC Rcd 6800 (1992). Id., 6 FCC Rcd at 3616 n.2; 7 FCC Rcd at 6800 n.4. Id., 7 FCC Rcd at 6802. EAS tests and activations, failure to receive such test and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.55(c)(7) and 11.61(b). 47 C.F.R. § 73.3527(a)(2). 47 C.F.R. § 73.3527(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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242824A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-242824A1.pdf
  • no EAS Operating Handbook was available. 47 C.F.R. § 11.52(d): ``Broadcast stations ... must monitor two EAS sources. The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, one EAS source was being monitored. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the six week period from November 2, 2003 to December 13, 2003, only two EAS tests were sent. 47 C.F.R. § 73.3526(e)(5): ``Contents of the file. The material required to be retained in the public inspection
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243042A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243042A1.pdf
  • No. 200432380006 WDCD-FM ) Blue Bell, PA ) FRN: 0003 4129 62 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: January 13, 2004 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Kimtron, Inc. (``Kimtron''), licensee of radio stations, WPTR and WDCD-FM, has apparently violated Sections 11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A) of the Commission's Rules (the ``Rules''), by failing to conduct required monthly and weekly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required monthly and weekly EAS test messages. We conclude that Kimtron is apparently liable for a forfeiture in the amount of six thousand dollars ($6,000). II. BACKGROUND On June 4,
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  • located in Joliet, Illinois and observed the following violation(s): 47 C.F.R. § 11.52(d): ``Broadcast stations ...must monitor two EAS sources. The monitoring assignments of each broadcast station...are specified in the State EAS Plan and FCC Mapbook.'' At the time of the inspection there was no record of 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. § 11.61(a)(2)(A): ``Effective January 1, 1997, AM, FM and TV stations must conduct test of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243046A1.pdf
  • in Crest Hill, Illinois, and observed the following violation(s): 47 C.F.R. § 11.52(d): ``Broadcast stations ...must monitor two EAS sources. The monitoring assignments of each broadcast station...are specified in the State EAS Plan and FCC Mapbook.'' At the time of the inspection there was no record of 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
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  • actions to be taken by personnel at broadcast stations...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, no EAS Operating Handbook was available. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the period of November 2, 2003 to December 13, 2003, only two EAS 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
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  • § 11.52(d): ``Broadcast stations ... must monitor two EAS sources. The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, only one EAS source was being monitored and it was an incorrect EAS source. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM and TV stations must conduct tests...at least once each week and at random days and times...'' During the period from November 2, 2003 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
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  • Licenses, Inc., licensee of radio stations WHUD(FM) and WLNA(AM). On January 14, 2004, an agent of the Commission's New York Office inspected radio stations WHUD(FM) and WLNA(AM) licensed to Peekskill, New York, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``.... broadcast stations .... must determine the cause of any failure to receive the required tests specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 .... , indicating reasons why any tests were not received.'' WHUD(FM) and WLNA(AM) logs did not contain entries determining the cause of any failure to receive monthly tests for the periods July to September 2003 and December 2003. 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244897A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244897A1.pdf
  • Cohoes, NY ) FRN: 0003 7934 60 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 1, 2004 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Capital Media Corporation (``Capital Media''), licensee of radio stations, WHAZ, WBAR-FM, WMYY, and WMNV, has apparently violated Sections 11.35(a) and 11.61(b) of the Commission's Rules (the ``Rules''), by failing to maintain station records of required monthly and weekly EAS test messages. We conclude that Capital Media is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND On June 5, 2003, a Commission agent conducted an EAS inspection of radio stations, WHAZ, Troy, NY; WBAR-FM, Lake
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244902A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244902A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter,...indicating reasons why any tests were not received.'' At the time of inspection, there were no entries made in the station logs indicating why EAS weekly receive tests were missing from December 1 through January 24, 2004. c.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244903A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244903A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter,...indicating reasons why any tests were not received.'' There were no entries made in the station logs indicating why EAS weekly receive tests were missing for the time period September 28, 2003 to January 31, 2004. b. 47
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  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter,...indicating reasons why any tests were not received.'' At the time of inspection, there were no entries made in the station logs indicating why EAS weekly receive tests were missing for the time period September 7, 2003 to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244974A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244974A1.pdf
  • WRIV ) NAL/Acct. No. 200432380009 Riverhead, NY ) ) FRN: 0009 6876 82 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 8, 2004 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Crystal Coast Communications, Inc. (``Crystal''), licensee of radio station, WRIV, has apparently violated Sections 11.61(a)(2)(i)(A) and 73.1820(a)(1)(C)(iii) of the Commission's Rules (the ``Rules''), by failing to conduct required weekly tests of the Emergency Alert System (``EAS'') and failing to maintain required station records of weekly EAS tests. We conclude that Crystal is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND On September 23, 2003, a Commission agent conducted
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  • Pulaski, VA 24301 and by mail to PO Box 150, Pulaski, VA, 24301. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Husnay Resident Agent, Norfolk Office, Enforcement Bureau Attachment 47 C.F.R. § 11.35(a). EAS tests and activations, failure to conduct such tests and activations, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. §§ 11.35(a)-(b), 11.54(b)(12), 11.55(c)(7) and 11.61(b). The term ``repeated,'' when used with reference to the commission or omission of any act, ``means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.'' 47 U.S.C. § 312(f)(2). 47 C.F.R. § 1.80(b)(4). 47 U.S.C. § 503(b)(2)(D). 47 U.S.C. § 503(b). 47 C.F.R. §§ 0.111, 0.311,
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  • ) ) File Number: EB-03-HL-035 NAL/Acct. No. 200432860002 FRN 0004979464 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: March 11, 2004 By the Honolulu Office, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Big Island Radio, (``Big Island Radio'') licensee of station KHWI(FM) in Hilo, Hawaii, has apparently repeatedly violated Sections 11.35(a) and 11.61 of the Federal Communications Commission's Rules (``Rules'') by failing to conduct required weekly and monthly Emergency Alert System (``EAS'') tests, and failing to determine the cause of the failures to receive the required EAS tests and log the reasons why the EAS tests were not received. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245210A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245210A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter,...indicating reasons why any tests were not received.'' There were no entries made in the station logs indicating why EAS weekly receive tests were missing for the time period September 7, 2003 to January 31, 2004. b. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245211A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245211A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter,...indicating reasons why any tests were not received.'' There were no entries made in the station logs indicating why EAS weekly receive tests were missing for the time period September 7, 2003 to January 31, 2004. b. 47
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  • of low power television station KSCT-LP. On June 12, 2003, an agent of the Commission's Anchorage Resident Agent Office inspected low power television station KSCT-LP located at 520 Lake St., Sitka, Alaska, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Broadcast stations must determine the cause of any failure to receive the required tests or activations specified in § 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter.'' The agent did not locate log entries stating the reason for the failure to receive the required second monitoring source, LP-1 (KIFW) the weeks of March 9, March 23, March 30, April 12, April 20, May11, 2003.
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  • 31, 2004 By the District Director, Los Angeles Office, Enforcement Bureau: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Concord Media Group of California, Inc. (``Concord''), licensee of AM broadcast station KTPI(AM) in Mojave, California, and FM broadcast stations KTPI in Tehacapi, California, and KOSS in Rosamond, California, has apparently repeatedly violated Sections 11.35(a) and 11.61(a)(2) of the Federal Communications Commission's (``FCC'') Rules (``Rules'') by failing to conduct required weekly Emergency Alert System (``EAS'') tests and failing to determine the cause of failures to receive required EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Concord is apparently liable for a forfeiture in the amount of four
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246130A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246130A1.pdf
  • 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ) File No. EB-04-CG-121 ) Chicago, Illinois ) NOV No. V20043232012 ) NOTICE OF VIOLATION Released: March 31, 2004 By the District Director, Chicago Office, Enforcement Bureau: . , located at 7500 S. Pulaski Road, Chicago, Illinois, and observed the following violation(s): 47 C.F.R. § 11.61(a)(1)(v): ``...monthly tests must be transmitted within 60 minutes of receipt by broadcast stations or cable systems in an EAS Local Area or State.'' There was no evidence that the required monthly tests were transmitted during the months of January 2003 through October 2003, and December 2003 through February 2004. 47 C.F.R. § 11.61(a)(2)(A): ``Effective January 1, 1997, AM, FM and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246131A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter ... indicating reasons why any tests were not received.'' There were no entries made in the station logs indicating why records of reception of EAS tests were absent in the logs for the second monitored source. 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246337A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246337A1.pdf
  • ) File Number EB-03-LA-144 NAL/Acct. No.200432900005 FRN 0007940810 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: April 12, 2004 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Sunbelt Television, Inc. (``Sunbelt''), licensee of TV broadcast station KHIZ(TV), Victorville, California, has apparently repeatedly violated Sections 11.35(a) and 11.61(a)(1) of the Commission's Rules (``Rules'') by failing to conduct required monthly Emergency Alert System (``EAS'') tests and failing to determine the cause of failures to receive required EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act'')2, that Sunbelt is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000).
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  • LIABILITY FOR FORFEITURE Released: April 15, 2004 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Moon Broadcasting Riverside, LLC (``Moon Broadcasting''), licensee of AM broadcast station KIQQ-AM in Barstow, California and FM broadcast station KIQQ-FM in Newberry Springs, California, has apparently repeatedly violated Sections 11.35(a), 11.61(a)(1) and 11.61(a)(2) of the Commission's Rules (``Rules'') by failing to conduct required monthly and weekly Emergency Alert System (``EAS'') tests and failing to determine the cause of failures to receive required EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Moon Broadcasting is apparently liable for a forfeiture in the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248166A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248166A1.pdf
  • No. V20043232031 Pittsfield, Illinois ) ) Attention: David Fuhler ) NOTICE OF VIOLATION Released: April 30, 2004 By the District Director, Chicago Office, Enforcement Bureau: . , located at Pittsfield, Illinois, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Broadcast stations ... must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log ... indicating reasons why any tests were not received.'' WBBA's staff failed to make entries indicating the reason(s) why tests were not received during the period of February 14, 2004 through March 27, 2004. , must submit a written statement concerning this matter within 20 days of
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  • The monitoring assignments of each broadcast station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, only one EAS source, WIBW-FM, was being monitored and the station logs reflected receiving only one source. Logs from 12/28/03 through 4/10/04 were reviewed. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM, and TV stations must conduct tests...at least once each week and at random days and times...'' The station's EAS logs indicated that a weekly EAS test had not been received for the week of February 22, 2004 through February 28, 2004. No record of a weekly EAS test being sent for the week
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248176A1.pdf
  • § 11.52 (d): ``Broadcast stations and cable systems and wireless cable systems 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.'' At the time of the inspection the station was not monitoring the two assigned EAS sources. 47 C.F.R. § 11.61(a)(1)(v): ``...monthly tests must be transmitted within 60 minutes of receipt by broadcast stations or cable systems in an EAS Local Area or State.'' There was no evidence that the required monthly tests were ever conducted by the station. 47 C.F.R. § 73.49: ``AM transmission System fencing requirements. Antenna towers having radio frequency potential at the base (series fed, folded unipole,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248182A1.pdf
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Calvary Chapel of Honolulu, Inc., licensee of AM Broadcast Station KLHT. On May 3, 2004, an agent of the Commission's Honolulu Office monitored AM Broadcast Station KLHT on 1040 KHz from 11:10AM until 12:30PM HST, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(v): ``Required monthly tests of the EAS header codes, Attention Signal, Test Script and EOM Code...must be transmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' KLHT did not retransmit the required monthly test issued by Hawaii State Civil Defense at approximately 11:15 AM HST on May 3, 2004. Pursuant to Section 308(b) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248250A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248250A1.pdf
  • on the license. 47 C.F.R. § 73.1820(a)(1)(iii): ``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 January 28, 2004 to May 12, 2004, there were no entries of EAS received tests. There was no explanation for why EAS tests were not received. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Effective January 1, 1997, AM, FM, and 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248252A1.pdf
  • New York Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Clear Channel Broadcasting Licenses, Inc., licensee of radio station WNNJ-AM. On April 6, 2004, agents of the Commission's New York Office inspected radio station WNNJ-AM, licensed to Newton, New Jersey, and observed the following violation(s): 47 C.F.R. § 11.61(a)(1)(i): ``Effective January 1, 1997, AM, FM, and TV stations must conduct monthly tests of EAS header and EOM codes as specified in the EAS Operating Handbook, and Section 11.61(a)(1)(v).'' The EAS Encoder/Decoder internal log showed that there were no monthly tests from January 1, 2004, to March 31, 2004. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Effective January 1, 1997, AM, FM, and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248253A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248253A1.pdf
  • station ... are specified in the State EAS Plan and FCC Mapbook. They are also developed in accordance with FCC monitoring priorities...'' At the time of inspection, only one EAS source, WHO-AM, was being monitored and the station logs reflected receiving only one source. Only three weeks of EAS logs were available at the time of inspection. 47 C.F.R. § 11.61(a)(1)(v): ``Tests of EAS procedures...Required Monthly Tests:...must be transmitted within 60 minutes of receipt. At the time of inspection no records were found to indicate that a required monthly EAS test had been retransmitted and only one record, dated 5/05/04, that a monthly EAS test had been received from WHO-AM. 47 C.F.R. § 11.61(a)(2)(i)(A): ``Tests of EAS procedures...Required Weekly Tests:...AM, FM,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249193A1.pdf
  • for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, broadcast stations...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter ... indicating reasons why any tests were not received.'' No entries were made in KHPU's station logs to indicate why records were absent in the logs for the reception of the required second monitored source. 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249194A1.pdf
  • that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in §§ 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' The EAS encoder / decoder would not retain the current date and there was no entry in the cable system record stating when the problem was first noted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249517A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249517A1.pdf
  • Office, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to New Wave Broadcasting, L.P., licensee of FM broadcast station KPOI-FM. On July 1, 2004, an agent of the Commission's Honolulu Office monitored the transmissions of FM broadcast station KPOI-FM on 97.5 MHz, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be retransmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' KPOI-FM did not retransmit the July Required Monthly Test (RMT) complete and in its entirety. On July 1, 2004, at approximately 11:18AM HST, KPOI-FM rebroadcast the RMT EAS header
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249518A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249518A1.pdf
  • Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to New Wave Broadcasting, L.P., licensee of FM broadcast station KHUI. On July 1, 2004, an agent of the Commission's Honolulu Office monitored the transmissions of FM broadcast station KHUI on 99.5 MHz, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be retransmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' KHUI did not retransmit the July Required Monthly Test (RMT) complete and in its entirety. On July 1, 2004, at approximately 11:24AM HST, KHUI rebroadcast the RMT EAS header
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252289A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252289A1.pdf
  • Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter . . . indicating reasons why any tests were not received.'' During the inspection on August 18, 2004, the EAS monitor receivers (Panasonic K550s) were not tuned to the designated LP1 and LP2 frequencies and no
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252868A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252868A1.pdf
  • No. 200432900010 FRN 0007699564 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Morongo Basin Broadcasting Corporation, ("Morongo") licensee of station KCDZ(FM) in Twenty Nine Palms, California, has apparently repeatedly violated Sections 11.35(a) and 11.61 of the Federal Communications Commission's Rules ("Rules") by failing to conduct required monthly Emergency Alert System ("EAS") tests, and by failing to ensure that EAS monitoring and transmitting functions were available during the times the station was in operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Morongo is apparently liable for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252869A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252869A1.pdf
  • FORFEITURE Released: September 29, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Three D Radio, Inc., ("Three D Radio") licensee of stations KQYN(AM) and KKJT(FM) in Twenty Nine Palms, California, and KDHI(FM), Joshua Tree, California, has apparently repeatedly violated Sections 11.35(a) and 11.61 of the Federal Communications Commission's Rules ("Rules") by failing to conduct required monthly Emergency Alert System ("EAS") tests, and failing to ensure that EAS monitoring and transmitting functions were available during the times the stations were in operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Three D Radio is apparently liable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253692A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253692A1.pdf
  • Number: EB-04-LA-174 NAL/Acct. No. 200532900001 FRN 0003784501 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: October 19, 2004 By the District Director, Los Angeles Office, Western Region, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hi-Favor Broadcasting, LLC, ("Hi-Favor") licensee of station KLTX(AM) in Pasadena, California, has apparently repeatedly violated Sections 11.35(a) and 11.61(a)(2) of the Federal Communications Commission's Rules ("Rules") by failing to conduct required weekly Emergency Alert System ("EAS") tests and by failing to ensure that EAS monitoring and transmitting functions were available during the times the station was in operation. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"), that Hi-Favor Broadcasting, LLC is apparently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254049A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254049A1.pdf
  • Monitoring requirements. ``Broadcast stations and cable systems and wireless cable systems 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 Map book. At the time of the inspection the station was not monitoring the two assigned EAS sources. 47 C.F.R. § 11.61(a): Test of EAS Procedures: ``Tests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special 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.''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255039A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255039A1.pdf
  • Office INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find TV 45 Productions, Inc. (``TV 45''), the licensee of Class A TV station KLHU-CA Lake Havasu City, Arizona is apparently liable for a forfeiture, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), for apparently willfully and repeatedly violating Section 11.35(a) and Section 11.61 of the Commission's Rules and Regulations (``Rules'') by failing to ensure that required Emergency Alert System (``EAS'') equipment was installed and operational, and by failing to conduct required weekly and monthly EAS tests at station KLHU-CA. We conclude that TV 45 Productions, Inc., is apparently liable for forfeiture in the amount of eight thousand dollars ($8,000). BACKGROUND On January 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255479A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255479A1.pdf
  • and Attention Signal generating and 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. Additionally, broadcast stations, cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2).'' Appropriate records must be maintained as specified in § 76.1711. The EAS records at your facility contained no entries for EAS Monthly Tests after July, 2004 and there were no reasons given for the missing entries. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Adelphia Communications must
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255965A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255965A1.pdf
  • Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter . . . indicating reasons why any tests were not received.'' During the inspection on August 19, 2004, the agents found a log sheet dated July 28, 2003 indicating that the EAS printer, which automatically maintained
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256485A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256485A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257374A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257374A1.pdf
  • that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. 7. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258872A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258872A1.pdf
  • unable to explain why the EAS logs failed to include any weekly tests between January 8, 2005 and March 1, 2005. The owner/chief operator also claimed he was unaware that the station was prohibited from originating its own required monthly tests (``RMTs''). The station logs documented that the RMTs were received but not retransmitted, as required by 47 C.F.R. § 11.61(a). Main Studio and Program Origination Rules, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026 (1988). Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992). 47 C.F.R. § 73.1125(e). Although the station transmitter site was capable of maintaining program transmission capability, the owner of Twenty-One Sound
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259064A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259064A1.pdf
  • and Attention Signal generating and 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. Additionally, broadcast stations, cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a) (1) and (2).'' Appropriate records must be maintained as specified in § 73.1820(a) (1) (iii). The EAS records at your facility contained no entries for EAS Monthly Tests after October, 2004 and there were no reasons given for the missing entries. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259304A1.pdf
  • made a part of the license, unless otherwise provided in this part.'' The agent observed that the station transmitted in an unauthorized mode for over 45 minutes. On April 14, 2005, an agent of the Commission's New York Office inspected radio station, WTHE, located at 260 East Second Street, Mineola, New York and observed the 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260034A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260034A1.pdf
  • and Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log as specified in §73.1820 and §73.1840 of this chapter...'' At the time of inspection, the station's EAS equipment was programmed with the incorrect time. In addition, the station failed to document or investigate its missed required monthly test (``RMT'') transmissions. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260117A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260117A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260458A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260458A1.pdf
  • that EAS Encoders, EAS Decoders and Attention Signal generating and 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. Additionally, ... cable systems ...must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the cable system record as specified in §§ 76.1700, 76.1708 and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' A review of the available EAS logs from August 30, 2004 through June 28, 2005 revealed that there were missing entries for received tests. There were numerous weeks
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260459A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260459A1.pdf
  • Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules, to Durham Christian Radio, Inc., licensee of radio station WSRC(AM). On March 9, 2005, an agent of the Commission's Norfolk Office of the Enforcement Bureau inspected radio station WSRC(AM) located in Durham, North Carolina, and observed the following violations: a. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests from January 1, 2005 to March 9, 2005. b. 47 C.F.R. § 73.1560(d): ``In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260460A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260460A1.pdf
  • Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules, to Kinston Christian Radio, Inc., licensee of radio station WELS-FM. On March 10, 2005, an agent of the Commission's Norfolk Office of the Enforcement Bureau inspected radio station WELS-FM located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005 b. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260542A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260542A1.pdf
  • Irondale, Alabama, and observed the following violations: 47 C.F.R. § 11.52(d): ``Broadcast stations and cable systems and wireless cable systems 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.'' The station was monitoring only one broadcast source. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 47 C.F.R. § 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in § 73.51
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260543A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260543A1.pdf
  • and Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log as specified in §73.1820 and §73.1840 of this chapter...'' At the time of inspection, the EAS equipment was programmed with the incorrect time. In addition, the station failed to document or investigate its missed required monthly test (``RMT'') transmissions. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260652A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260652A1.pdf
  • This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules, to Kinston Christian Radio, Inc., (``KCR'') licensee of radio station WELS(AM). On March 10, 2005, an agent of the Commission's Norfolk Office of the Enforcement Bureau inspected radio station WELS(AM) located in Kinston, North Carolina, and observed the following violations: a. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The station failed to make Required Monthly Tests and conducted only two Required Weekly Tests from January 1, 2005 to March 9, 2005. b. 47 C.F.R. § 73.1350(b)(2): ``The transmitter control personnel must have the capability to turn the transmitter off at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260653A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260653A1.pdf
  • and Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§11.61(a) (1) and (2). Appropriate entries must be made in the broadcast station log as specified in §73.1820 and §73.1840 of this chapter...'' At the time of inspection, the EAS equipment was programmed with the incorrect time. Specifically, on March 17, 2005 at 5:39 PM, the EAS equipment listed the date and time as February 14, 2005, 6:41 PM. In addition,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260734A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260734A1.pdf
  • 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.'' The station's EAS decoder was attached to two receivers, but neither receiver appeared to be functioning properly. The logs indicated that no EAS tests had been received since June, 2004. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' The logs indicated that no Required Weekly Tests (``RWT'') were sent by the station between December 24, 2004 and March 4, 2005. 47 C.F.R. § 73.1820(a)(1)(iii): ``An entry [must be made in the station log] of each test and activation of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260739A1.pdf
  • Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cable America Corporation ("CAC"), operator of a cable system in Mesa, Arizona. On May 13, 2005, an agent from the Commission's San Diego Office inspected CAC's cable television system located in Mesa, Arizona and observed the following violation: 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the cable system had records of only seven Required Monthly Test transmissions since January 2004. Pursuant to Section 308(b) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260740A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260740A1.pdf
  • San Diego Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Radio Bilingue, licensee of non-commercial FM radio station KUBO. On March 30, 2005 an agent of the Commission's San Diego Office inspected radio station KUBO in Calexico, California, and observed the following violation(s): 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the station had no record of Required Monthly Test transmissions after February 2004. Pursuant to Section 308(b) of the Communications Act of 1934,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260741A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260741A1.pdf
  • Diego Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Calipatria Broadcasting Company, LLC (``CBC''), licensee of TV station KAJB. On March 30, 2005 an agent of the Commission's San Diego Office inspected TV station KAJB in Calipatria, California, and observed the following violation(s): 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the station had records showing only five Required Monthly Test transmissions had occurred after January 2004. Pursuant to Section 308(b) of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260742A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260742A1.pdf
  • Diego Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Entravision Holdings, LLC (``Entravision''), licensee of TV station KVYE. On March 30, 2005 an agent of the Commission's San Diego Office inspected TV station KVYE in El Centro, California, and observed the following violation(s): 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the station had records of only six Required Monthly Test transmissions after January 2004. Pursuant to Section 308(b) of the Communications Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260743A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260743A1.pdf
  • Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Bresnan Communications ("Bresnan"), operator of a cable system in Helena, Montana. On July 7, 2005, agents of the Commission's Seattle Office inspected Bresnan's cable television system located in Helena, Montana and observed the following violation: 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the cable system had no record of any Required Monthly Test transmissions after July 2004. Pursuant to Section 308(b) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260744A1.pdf
  • Acting District Director, Seattle Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to KMTX, LLC ("KMTX"), licensee of radio station KMTX(AM). On July 7, 2005, agents of the Commission's Seattle Office inspected radio station KMTX(AM) located in Helena, Montana and observed the following violation: 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the station had no record of any Required Monthly Test transmissions after December 2004. Pursuant to Section 308(b) of the Communications Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260745A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260745A1.pdf
  • Director, Seattle Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Radio Station KMJY LLC ("KMJY"), licensee of radio station KMJY-FM. On July 7, 2005, agents of the Commission's Seattle Office inspected radio station KMJY-FM located in Newport, Washington and observed the following violation: 47 C.F.R. § 11.61(a): Emergency alert system (``EAS'') ``[t]ests shall be made at regular intervals . . . [including] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and End of Message code.'' At the time of inspection, the station had no record of any Required Monthly Test transmissions after July 2004. Pursuant to Section 308(b) of the Communications Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261270A1.pdf
  • cable systems 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.'' One of the two receivers utilized for the station's EAS system was tuned to 87.5 MHz, which is neither an assigned source nor a broadcast station. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' No EAS tests were being sent by the station. At the time of inspection, the on-duty operator did not know how to conduct a test. 47 C.F.R. § 17.4(g): ``Except as described in paragraph (h) of this section, the Antenna Structure Registration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261271A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261271A1.pdf
  • Irondale, Alabama, and observed the following violations: 47 C.F.R. § 11.52(d): ``Broadcast stations and cable systems and wireless cable systems 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.'' The station was monitoring only one broadcast source. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' No EAS tests were being sent by the station. A station employee stated that the weekly tests were not being sent. 47 C.F.R. § 73.1560(a)(1): ``...[T]he antenna input power of an AM station as determined by the procedures specified in § 73.51
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262295A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262295A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262937A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262937A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and 11.61(a)(2) of the Rules requires broadcast stations to receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and to conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262939A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262939A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Sections 11.61(a)(1) and 11.61(a)(2) of the Rules require broadcast stations to receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and to conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.txt
  • - Maine 8.98 6.91 9.73 6.91 9.89 6.89 22.31 22.38 22.24 22.40 22.21 22.41 Maryland 8.84 - 9.22 - 9.22 - 23.86 - 24.00 - 24.00 - Massachusetts 8.99 10.08 9.71 7.09 9.92 7.25 6.75 - 6.75 - 6.79 - Michigan 8.00 14.66 8.25 15.17 8.29 15.21 20.81 11.00 21.93 11.00 20.64 11.00 Minnesota 6.85 6.70 7.50 7.90 7.95 9.19 11.61 11.18 12.18 42.63 12.10 37.64 Mississippi 8.84 - 9.52 - 9.75 - 21.45 - 20.50 - 21.53 - Missouri 7.03 4.94 7.49 2.79 7.72 2.54 17.93 10.00 18.29 21.00 17.38 - Montana 8.81 8.66 9.51 10.78 9.80 11.77 15.05 18.17 15.74 17.06 13.23 15.75 Nebraska 8.71 11.16 8.89 15.61 8.89 15.39 13.50 28.00 14.28 28.00 14.35 28.81 Nevada 7.36 5.52
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A4.txt
  • - Maine 8.98 6.91 9.73 6.91 9.89 6.89 22.31 22.38 22.24 22.40 22.21 22.41 Maryland 8.84 - 9.22 - 9.22 - 23.86 - 24.00 - 24.00 - Massachusetts 8.99 10.08 9.71 7.09 9.92 7.25 6.75 - 6.75 - 6.79 - Michigan 8.00 14.66 8.25 15.17 8.29 15.21 20.81 11.00 21.93 11.00 20.64 11.00 Minnesota 6.85 6.70 7.50 7.90 7.95 9.19 11.61 11.18 12.18 42.63 12.10 37.64 Mississippi 8.84 - 9.52 - 9.75 - 21.45 - 20.50 - 21.53 - Missouri 7.03 4.94 7.49 2.79 7.72 2.54 17.93 10.00 18.29 21.00 17.38 - Montana 8.81 8.66 9.51 10.78 9.80 11.77 15.05 18.17 15.74 17.06 13.23 15.75 Nebraska 8.71 11.16 8.89 15.61 8.89 15.39 13.50 28.00 14.28 28.00 14.35 28.81 Nevada 7.36 5.52
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A5.txt
  • 13.82 37.48 361395 C GARDEN VALLEY TEL. CO. 8.19 -1.13 9.42 29.29 361396 A GARDONVILLE COOP. TEL. ASSN. 13.89 -0.06 13.96 71.47 361399 C GRANADA TEL. CO. 8.80 -3.48 12.73 INFINITE 361401 A HALSTAD TEL. CO. -0.70 -1.53 0.84 -7.08 361403 A FEDERATED UTILITIES, INC. DBA HANCOCK TEL. CO. 12.46 -1.63 14.32 66.60 361404 A HARMONY TEL. CO. 11.40 -0.19 11.61 41.11 361405 A HILLS TEL. CO., INC.-MN -2.29 -4.60 2.42 -5.93 361408 A HOME TEL. CO.-MN 18.05 3.84 13.68 65.55 361409 A HUTCHINSON TELEPHONE COMPANY 3.06 -1.59 4.73 0.00 361410 C JOHNSON TELEPHONE COMPANY 8.11 0.53 7.54 10.00 361412 A KASSON & MANTORVILLE TEL. CO. 8.51 -5.66 15.02 INFINITE 361413 A MID STATE TEL. CO. DBA KMP TEL. CO. 10.80
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263779A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263779A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264508A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264508A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265676A1.pdf
  • C.F.R. § 11.52(d): ``Broadcast stations and cable systems and wireless cable systems 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.'' At the time of inspection the station was monitoring only one of the assigned EAS sources. 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section.'' There was no evidence that required monthly EAS tests are being conducted and no evidence that required weekly tests were conducted prior to February 10, 2006. 47 C.F.R. § 73.1350 (c)(2): ``Monitoring equipment must be periodically calibrated so as to provide reliable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265695A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265695A1.pdf
  • Section 1.89 of the Commission's Rules to Kentucky Public Radio, licensee of radio stations WUOL-FM, WFPK and WFPL, in Louisville, Kentucky. On May 11, 2006, an agent of the Commission's Chicago Office conducted an inspection at the main studios for radio stations WUOL-FM, WFPK and WFPL, which are collocated in Louisville, Kentucky, and observed the 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266561A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266561A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Sections 11.61(a)(1) and 11.61(a)(2) of the Rules require broadcast stations to receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and to conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266570A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266570A1.pdf
  • Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Pacific Radio Group, Inc., licensee of radio station KJKS in Kahului, HI. On June 1, 2006, an agent of the Enforcement Bureau's Honolulu Office monitored and inspected radio station KJKS on 99.9 MHz, and observed the following violations: 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' KJKS did not retransmit the required monthly test issued by Hawaii State Civil Defense on June 1, 2006. 47 C.F.R. § 11.35(a): ``Broadcast stations...are responsible for ensuring that EAS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266571A1.pdf
  • Commission's Rules, to Oceanic Time Warner Cable in Kahului, HI. On June 1, 2006, an agent of the Enforcement Bureau's Honolulu Office monitored Oceanic Time Warner Cable analog channel 14, between 11:10AM HST and 12:30PM HST. A follow-up inspection of the system headend in Kihei, Hawaii was conducted on June 2, 2006. The following violations were observed: 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations and cable systems and wireless cable systems in an EAS Local Area or State.'' At the time of the inspection, the cable system did not retransmit the required monthly test issued by Hawaii State Civil
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266857A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266857A1.txt
  • 27.65 18.91 0.07 45.00 5.99 Arkansas West Memphis SBC 34.33 17.81 0.07 45.00 5.99 California Anaheim SBC 16.01 10.83 0.05 35.82 2.99 California Bakersfield SBC 16.01 10.83 0.05 35.82 2.99 California Fresno SBC 16.01 10.83 0.05 35.82 2.99 California Long Beach Verizon 25.38 17.83 0.08 47.66 2.99 California Los Angeles SBC 17.56 11.87 0.05 35.82 2.99 California Oakland SBC 17.17 11.61 0.05 35.82 2.99 California Salinas SBC 16.67 11.18 0.05 35.82 2.99 California San Diego SBC 16.01 10.83 0.05 35.82 2.99 California San Francisco SBC 16.01 10.83 0.05 35.82 2.99 California San Jose SBC 16.56 11.12 0.05 35.82 2.99 Colorado Boulder Qwest 26.11 19.76 0.13 38.96 4.75 Colorado Colorado SpringsQwest 25.07 19.08 0.13 37.78 4.75 Colorado Denver Qwest 26.09 19.78 0.13
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266880A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266880A1.pdf
  • restored to service. Section 11.52(d) of the Rules requires broadcast stations to monitor at least two EAS sources. The monitoring assignments of each broadcast station are specified in the State EAS Plan and FCC Mapbook. The requirement that stations monitor at least two EAS sources ensures redundancy of the EAS system in the event one of the sources fails. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266886A1.pdf
  • Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Access.1 Texas License Company LLC, licensee of Radio Station KCUL(AM). On June 7, 2006, an agent of the Commission's Dallas Office inspected the EAS system for radio station KCUL(AM) located in Marshall, Texas and observed the 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 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267219A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267219A1.pdf
  • as follows: Over 54 MHz, and less than and including 216 MHz - 20 micro-volts per meter measured at 3 meters.'' At the time of inspection signal leakage was observed on the frequency 133.2625 MHz as follows: 1) 517 N. Woodrow Street 206 µV/m 2) 101 McIver Street 145 µV/m 3) 508 N. Shipp Street 84 µV/m 47 C.F.R. § 11.61(b): ``Entries shall be made in broadcast station and cable system and wireless cable system records as specified in § 11.54(b)(12).'' The EAS records indicated that the last confirmed EAS weekly test was received on June 27, 2006. All EAS monthly and weekly tests must be properly logged in your system's EAS records. Pursuant to Section 308(b) of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267306A1.pdf
  • systems and wireless cable carriers 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-EAS Mapbook.'' At the time of inspection, the agent observed that stations WACK and WUUF were not monitoring the correct Emergency Alert System (``EAS'') sources. 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' Based on the agent's review of the stations' EAS printouts and a statement by the stations' owner, the agent determined that stations WACK and WUUF were not retransmitting required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267571A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267571A1.pdf
  • Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in §§ 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' At the time of inspection, the EAS equipment was operational, but there were missing entries of tests received from station KYKX and there were no entries in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267572A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-267572A1.pdf
  • Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in Sec. 11.61(a)(1) and (a)(2). Appropriate entries must be made in the ... cable system record as specified in §§ 76.1700, 76.1708, and 76.1711 of this chapter ... indicating reasons why any tests were not received.'' At the time of inspection the EAS equipment was operational, but there were no log entries of test sent for the weeks of April 16-22, May 14-20,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268231A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268231A1.pdf
  • Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules, to Flagship Communications, Inc., licensee of radio station WNWF (AM). On November 30, 2005, agents of the Commission's Tampa Office of the Enforcement Bureau inspected radio station WNWF (AM) located in Destin, Florida and observed the following violations: 47 C.F.R. § 11.61(a): EAS ``[t]ests shall be made at regular intervals as indicated in paragraphs (a) (1) and (a) (2) of this section.'' There was no evidence that EAS tests were being conducted by the station. 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 as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268423A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268423A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Cable systems must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires cable television systems to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268625A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268625A1.pdf
  • and observed the following violations: 47 C.F.R § 11.15: ``A copy of the [EAS Operating] 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, the EAS Handbook was not available. 47 C.F.R. § 11.61(a): ``[EAS] tests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section...All tests will conform with the procedures in the EAS Operating Handbook. AM, FM and TV stations [must make] Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code.'' On November 1, 2006, the agent monitored WSNR and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268626A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268626A1.pdf
  • 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 inspection a review of the station's EAS log indicated that KMEC-LP's EAS equipment was only monitoring one station, KUKI, for at least the previous three months. 47 C.F.R. § 11.61(a) ``Tests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269034A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269034A1.pdf
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Azteca Broadcasting Corporation, licensee of radio station KXEQ, in Reno, Nevada. On September 14, 2006, an agent of the Enforcement Bureau's San Francisco Office inspected radio station KXEQ located at 225 Linden Street, Reno, Nevada, and observed the following violations: 47 C.F.R. § 11.61(a) ``Tests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269181A1.pdf
  • Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Keymarket Licenses, LLC, licensee of radio station WASP in Brownsville, Pennsylvania. On November 14, 2006, an agent of the Commission's Philadelphia Office inspected radio station WASP located at 123 Blaine Road, Brownsville, Pennsylvania and observed the 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 inspection, the EAS 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
  • TEL. CO. 4.59 -4.45 9.46 18.38 351241 A MECHANICSVILLE TEL. CO. 1.77 -4.50 6.57 11.77 351242 A MILES COOP. TEL. ASSN. 0.85 -4.04 5.10 3.94 351243 A MILLER TEL. CO.-IA 6.13 -3.96 10.51 18.71 351245 A MINBURN TEL. CO. 4.97 -3.40 8.67 19.05 351246 A MINERVA VALLEY TEL. CO., INC. 7.30 -1.04 8.43 20.17 351247 A MODERN COOP. TEL. CO. 11.61 2.11 9.31 24.08 351248 A MONTEZUMA MUTUAL TEL. CO. 4.66 -5.68 10.97 51.06 351250 A MUTUAL TEL. CO. OF MORNING SUN 1.89 -3.83 5.95 7.78 351251 A MEDIAPOLIS TEL. CO. 1.84 -2.71 4.67 3.24 351252 A MUTUAL TEL. CO. 16.40 -1.54 18.22 0.00 351257 A NORTH ENGLISH COOP. TEL. CO. 4.32 -2.28 6.75 15.80 351259 A NORTHERN IOWA TEL. CO.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A5.txt
  • TEL. CO. 4.59 -4.45 9.46 18.38 351241 A MECHANICSVILLE TEL. CO. 1.77 -4.50 6.57 11.77 351242 A MILES COOP. TEL. ASSN. 0.85 -4.04 5.10 3.94 351243 A MILLER TEL. CO.-IA 6.13 -3.96 10.51 18.71 351245 A MINBURN TEL. CO. 4.97 -3.40 8.67 19.05 351246 A MINERVA VALLEY TEL. CO., INC. 7.30 -1.04 8.43 20.17 351247 A MODERN COOP. TEL. CO. 11.61 2.11 9.31 24.08 351248 A MONTEZUMA MUTUAL TEL. CO. 4.66 -5.68 10.97 51.06 351250 A MUTUAL TEL. CO. OF MORNING SUN 1.89 -3.83 5.95 7.78 351251 A MEDIAPOLIS TEL. CO. 1.84 -2.71 4.67 3.24 351252 A MUTUAL TEL. CO. 16.40 -1.54 18.22 0.00 351257 A NORTH ENGLISH COOP. TEL. CO. 4.32 -2.28 6.75 15.80 351259 A NORTHERN IOWA TEL. CO.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269285A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269286A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269286A1.pdf
  • 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 station with the station license. 47 C.F.R. § 11.61(b): ``Entries shall be made in broadcast station and cable system and wireless cable system records as specified in § 11.54(b)(12).'' At the time of inspection, there was no EAS logging mechanism in place. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, Sherman Broadcasting Corp. must submit a written statement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269891A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269891A1.pdf
  • a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to US Cable of Coastal-Texas LP ("US Cable"), operator of a cable system in Marshdale, Colorado. On November 21, 2006, an agent of the Enforcement Bureau's Denver Office inspected the US Cable cable system located at Marshdale, Colorado, and observed the following violation(s): 47 C.F.R. § 11.61(b): "Entries shall be made in...cable system and wireless cable system records as specified in § 11.54(b)(12)." At the time of the inspection, while the EAS equipment was found to be operational, US Cable's 2006 logs contained no entries made of transmitted or received required monthly tests. 47 C.F.R. § 76.605(a)(12): "As an exception to the general provision requiring measurements to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270269A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270269A1.pdf
  • restored to service. Section 11.52(d) of the Rules requires broadcast stations to monitor at least two EAS sources. The monitoring assignments of each broadcast station are specified in the State EAS Plan and FCC Mapbook. The requirement that stations monitor at least two EAS sources ensures redundancy of the EAS system in the event one of the sources fails. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270448A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270448A1.pdf
  • and observed the following violations: 47 C.F.R. § 11.15: ``A copy of the [EAS Operating] 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, 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270450A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270450A1.pdf
  • of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules (``Rules''), to CBS Radio Inc. of Atlanta, licensee of radio station WZGC(FM) in Atlanta, Georgia. On January 24, 2007, agents of the Commission's Atlanta Office of the Enforcement Bureau inspected the main studio of station WZGC(FM) located in Atlanta, Georgia and observed the following violation: 47 C.F.R. § 11.61(a)(1)(v): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code. Tests ... will originate from Local or Primary sources. The time and script content will be developed by State Emergency Communications Committees in cooperation with affected broadcast stations, cable systems, wireless cable systems, and other participants. Script content may be in the primary language of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270632A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270632A1.pdf
  • Atlanta Office of the Enforcement Bureau, accompanied by the cable system's technical supervisor and two headend technicians, inspected the cable television system's Emergency Alert System (``EAS'') located at 401 South 6th Street, Lanett, Alabama, and observed the following violation(s): 47 C.F.R. § 11.52(d): ``...cable systems ...must monitor two EAS sources.'' Charter was monitoring only one EAS source. 47 C.F.R. § 11.61(a): ``All cable systems are to conduct required monthly tests (RMT) once a month as coordinated by the Emergency Communications Committee for each state.'' Charter was not conducting required monthly tests. All tests were marked as weekly tests. The headend technicians could not provide a copy of a required monthly test that had been sent. Pursuant to Section 308(b) of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270635A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270635A1.pdf
  • 47 C.F.R. § 11.52(d): "Broadcast stations and cable systems and wireless cable systems 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." At the time of inspection, Bresnan was monitoring only one of its assigned EAS sources. 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations and cable systems and wireless cable systems in an EAS Local Area or State." At the time of the inspection, Bresnan's logs did not show any entries of the required monthly test (RMT) being received
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270636A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270636A1.pdf
  • 47 C.F.R. § 11.52(d): "Broadcast stations and cable systems and wireless cable systems 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." At the time of inspection, KKNN was monitoring only one of the assigned EAS sources. 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations and cable systems and wireless cable systems in an EAS Local Area or State." At the time of the inspection, KKNN's logs did not show any entries of the required monthly tests (RMT) being received/sent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270814A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270814A1.pdf
  • a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cebridge Acquisition, L.P., DBA Suddenlink Communications ("Suddenlink"), operator of a cable system in Clovis, New Mexico. On January 8, 2007, an agent of the Enforcement Bureau's Denver Office inspected Suddenlink's cable system located at Clovis, New Mexico, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations and cable systems and wireless cable systems in an EAS Local Area or State." At the time of the inspection, Suddenlink's logs did not show any evidence that the required monthly tests for September and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271603A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271603A1.pdf
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Lake Powell Communications, Inc.(``Lake Powell''), licensee of radio stations KPGE and KXAZ in Page, Arizona. On February 7, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KPGE and KXAZ, located at 97 7th Avenue, Page, AZ and observed the following violations: a. 47 C.F.R. § 11.61(a): ``Tests shall be made at regular intervals as indicated in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272110A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272110A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Cable systems must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires cable television systems to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272195A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273687A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273687A1.pdf
  • 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...'' At the time of inspection, Cablevision's logs showed that only one of the assigned EAS sources was monitored during the weeks of January 14 and February 18, 2007. 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations and cable systems and wireless cable systems in an EAS Local Area or State." At the time of inspection, Cablevision's logs did not show any evidence that required monthly tests for December 2006, January and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274347A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274347A1.pdf
  • so that the monitoring and transmitting functions are available during the times the station is in operation. Broadcast stations must also determine the cause of any failure to receive required monthly and weekly EAS tests, and must indicate in the station's log why any required tests were not received and when defective equipment is removed and restored to service. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275726A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275726A1.pdf
  • Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Kasa Radio Hogar, Inc. (``Kasa'') operator of radio station KASA serving Phoenix, Arizona. On April 26, 2007, agents of the Commission's San Diego Office inspected radio station KASA located in Phoenix, Arizona, and observed the following violations: 47 C.F.R. § 11.61(b): ``Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13).'' At the time of inspection, the station's log contained no entries documenting sending of a required weekly test (RWT) for the months of January 2007 through mid April 2007. Furthermore, the station's log did not contain any record of reception of the RWT from a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276079A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276079A1.pdf
  • restored to service. Section 11.52(d) of the Rules requires broadcast stations to monitor at least two EAS sources. The monitoring assignments of each broadcast station are specified in the State EAS Plan and FCC Mapbook. The requirement that stations monitor at least two EAS sources ensures redundancy of the EAS system in the event one of the sources fails. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277006A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277006A1.pdf
  • 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.'' At the time of inspection, the designated first local primary (LP-1), radio station KDES-FM, Palm Springs, CA, was not being monitored. KEZN was monitoring only the second local primary (LP-2) KCLB-FM, Coachella, CA. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required monthly test (RMT) for the month of June 2007, and indicated that the required weekly test (RWT) had been received once during the month of May 2007
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277007A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277007A1.pdf
  • ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to, Mitchell Media, Inc. (``Mitchell Media''), licensee of FM Broadcast radio station KMRJ, Rancho Mirage, California. On August 16, 2007, an agent of the Enforcement Bureau's San Diego Office inspected KMRJ, located at 1061 S. Palm Canyon Drive, Palm Springs, California, and observed the following violation: a. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of required weekly tests since May 20, 2007, and no entries were found indicating the reasons why the tests had not been transmitted. Pursuant to Section 403 of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277586A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277586A1.pdf
  • cable system are specified in the State EAS Plan and FCC Mapbook...'' A review of the station's EAS logs showed that, except during the weeks of June 17 and August 26, 2007 when the station properly monitored two EAS sources, the station was monitoring only one EAS source during the months of June, July, and August 2007. 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).'' A review of the station's EAS logs showed that there were no entries for required Weekly Test transmitted and required Monthly Test received and re-transmitted for the months of June, July and August 2007. Pursuant to Section 403 of the Communications Act of 1934, as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277668A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277668A1.pdf
  • 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 inspection, BTC was not monitoring the designated second local primary (``LP2'') station, WQED on 89.3 MHz. BTC was monitoring station WFHM, Cleveland, Ohio and the first local primary (``LP-1'') station KDKA, Pittsburgh, Pennsylvania. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the cable system records contained no entries documenting the receipt and transmission of the required monthly test (RMT) for the month of August 2007 and the receipt of the required weekly test (RWT) between August 31, 2007 and September 12,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277848A1.pdf
  • below 20 micro volts per meter (µV/m) when operating in the frequency band between 54 MHz and 216 MHz. See 47 C.F.R. § 76.605(a)(12). The agent measured signal leakage in excess of 20 µV/m at the following location: Date Frequency (MHz) Signal Strength (µV/m) Location 4/30/07 120.0060 146 In front of 80 Armstrong Avenue, Jersey City, NJ 47 C.F.R. § 11.61(b): ``Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)'' Inspection of EAS logs from January 1 through April 30, 2007 indicated that there were no entries of Required Weekly Tests received from WABC for a total of nine weeks during this period, and there were no entries of Required Monthly Tests received from WABC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277850A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277850A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, LLC (``Visionary''), licensee of radio station KPOI-FM in Honolulu, Hawaii. On May 10, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KPOI-FM located at 765 Amana Street, Suite 200 in Honolulu, Hawaii, and observed the following violation: 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 no transmitted Required Weekly Test (``RWT'') entries logged for the months of February, March, and April 2007. There were no Required Monthly Test (``RMT'') entries logged for the month of March 2007, as well as no transmitted RMT entry logged for the month
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277851A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277851A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, LLC (``Visionary''), licensee of radio station KUMU in Honolulu, Hawaii. On May 10, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KUMU located at 765 Amana Street, Suite 200 in Honolulu, Hawaii, and observed the following violation: 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 no transmitted Required Weekly Test (``RWT'') entries logged for the months of February, March, and April 2007. There were no Required Monthly Test (``RMT'') entries logged for the month of March 2007, as well as no transmitted RMT entry logged for the month
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277852A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277852A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, LLC (``Visionary''), licensee of radio station KUMU-FM in Honolulu, Hawaii. On May 10, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KUMU-FM located at 765 Amana Street, Suite 200 in Honolulu, Hawaii, and observed the following violation: 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 no transmitted Required Weekly Test (``RWT'') entries logged for the months of February, March, and April 2007. There were no Required Monthly Test (``RMT'') entries logged for the month of March 2007, as well as no transmitted RMT entry logged for the month
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277853A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277853A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, LLC (``Visionary''), licensee of radio station KDDB in Honolulu, Hawaii. On May 10, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KDDB located at 765 Amana Street, Suite 200 in Honolulu, Hawaii, and observed the following violation: 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 no transmitted Required Weekly Test (``RWT'') entries logged for the months of February, March, and April 2007. There were no Required Monthly Test (``RMT'') entries logged for the month of March 2007, as well as no transmitted RMT entry logged for the month
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277854A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277854A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Visionary Related Entertainment, LLC (``Visionary''), licensee of radio station KQMQ-FM in Honolulu, Hawaii. On May 10, 2007, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KQMQ-FM located at 765 Amana Street, Suite 200 in Honolulu, Hawaii, and observed the following violation: 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 no transmitted Required Weekly Test (``RWT'') entries logged for the months of February, March, and April 2007. There were no Required Monthly Test (``RMT'') entries logged for the month of March 2007, as well as no transmitted RMT entry logged for the month
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277895A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277895A1.pdf
  • York Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to William Paterson College of N.J. (``WPSC-FM''), licensee of radio station WPSC-FM, Wayne, New Jersey. On October 25, 2007, an agent of the Commission's New York Office inspected radio station WPSC-FM, and observed the following violation: 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the station records contained no entries documenting the receipt and transmission of the required monthly test (RMT) for the months of July 2007 through September 2007. Although there is a record of the monthly test for October having been received,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277917A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277917A1.pdf
  • 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 inspection, BTC was not monitoring the designated second local primary (``LP2'') station, WQED on 89.3 MHz. BTC was monitoring station WFHM, Cleveland, Ohio and the first local primary (``LP-1'') station KDKA, Pittsburgh, Pennsylvania. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the cable system records contained no entries documenting the receipt and transmission of the required monthly test (RMT) for the month of August 2007 and the receipt of the required weekly test (RWT) between August 31, 2007 and September 12,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A2.txt
  • EAS participants are responsible for ensuring that encoders, decoders and signal generating equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times that the station is in operation. In addition, EAS participants must determine the cause of any failure to receive the required tests or activations specified in Section 11.61(a)(1) and (a)(2) and indicate in the station's EAS log why the tests were not received. These logs must be retained for three years at the EAS participant's headquarters. In the event the EAS equipment becomes defective, a cable system may operate without the equipment pending its repair or replacement for a period not to exceed 60 days. If repair or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A3.txt
  • EAS participants are responsible for ensuring that encoders, decoders and signal generating equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times that the station is in operation. In addition, EAS participants must determine the cause of any failure to receive the required tests or activations specified in Section 11.61(a)(1) and (a)(2) and indicate in the station's EAS log why the tests were not received. These logs must be retained for two years at the EAS participant's headquarters and must be made available for public inspection upon reasonable request. In the event the EAS equipment becomes defective, a broadcast station may operate without the equipment pending its repair or replacement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A4.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A4.txt
  • EAS participants are responsible for ensuring that encoders, decoders and signal generating equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times that the station is in operation. In addition, EAS participants must determine the cause of any failure to receive the required tests or activations specified in Section 11.61(a)(1) and (a)(2) and indicate in the station's EAS log why the tests were not received. These logs must be retained for two years at the EAS participant's headquarters and must be made available for public inspection upon reasonable request. In the event the EAS equipment becomes defective, a station may operate without the equipment pending its repair or replacement for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A5.txt
  • EAS participants are responsible for ensuring that encoders, decoders and signal generating equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times that the station is in operation. In addition, EAS participants must determine the cause of any failure to receive the required tests or activations specified in Section 11.61(a)(1) and (a)(2) and indicate in the station's EAS log why the tests were not received. These logs must be retained for two years at the EAS participant's headquarters and must be made available for public inspection upon reasonable request. In the event the EAS equipment becomes defective, a broadcast station may operate without the equipment pending its repair or replacement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A6.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A6.txt
  • EAS participants are responsible for ensuring that encoders, decoders and signal generating equipment used as part of the EAS are installed so that the monitoring and transmitting functions are available during the times that the station is in operation. In addition, EAS participants must determine the cause of any failure to receive the required tests or activations specified in Section 11.61(a)(1) and (a)(2) and indicate in the station's EAS log why the tests were not received. These logs must be retained for two years at the EAS participant's headquarters and must be made available for public inspection upon reasonable request. In the event the EAS equipment becomes defective, a cable system may operate without the equipment pending its repair or replacement
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A7.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A7.txt
  • señales que se usan como parte del EAS estén instalados, de manera que las funciones de monitoreo y transmisión estén disponibles durante las ocasiones que la estación esté en operación. Además, los participantes en el EAS tienen que determinar la causa de cualquier caso en que no se reciban las pruebas o activaciones requeridas que se especifican en la Sección 11.61(a)(1) y (a) (2), e indicar en el libro de anotaciones del EAS de la estación por qué las pruebas no se recibieron. Estos libros de anotaciones se deben conservar por dos años en las oficinas centrales de los participantes en el EAS y deben hacerse disponibles para la inspección pública cuando se haga una solicitud razonable. En el caso de
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A8.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A8.txt
  • señales que se usan como parte del EAS estén instalados, de manera que las funciones de monitoreo y transmisión estén disponibles durante las ocasiones que la estación esté en operación. Además, los participantes en el EAS tienen que determinar la causa de cualquier caso en que no se reciban las pruebas o activaciones requeridas que se especifican en la Sección 11.61(a)(1) y (a) (2), e indicar en el libro de anotaciones del EAS de la estación por qué las pruebas no se recibieron. Estos libros de anotaciones se deben conservar por dos años en las oficinas centrales de los participantes en el EAS y deben hacerse disponibles para la inspección pública cuando se haga una solicitud razonable. En el caso de
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A9.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278628A9.txt
  • señales que se usan como parte del EAS estén instalados, de manera que las funciones de monitoreo y transmisión estén disponibles durante las ocasiones que la estación esté en operación. Además, los participantes en el EAS tienen que determinar la causa de cualquier caso en que no se reciban las pruebas o activaciones requeridas que se especifican en la Sección 11.61(a)(1) y (a) (2), e indicar en el libro de anotaciones del EAS de la estación por qué las pruebas no se recibieron. Estos libros de anotaciones se deben conservar por tres años en las oficinas centrales de los participantes en el EAS. En el caso de que un equipo del EAS resulte defectuoso, la estación de difusión puede operar sin
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.txt
  • 24.71 0.00 OHIO -2.41 -7.61 5.63 -6.81 OKLAHOMA -4.57 -5.60 1.10 4.12 OREGON 0.77 -4.06 5.03 0.66 PENNSYLVANIA 1.21 -4.24 5.69 -10.86 PUERTO RICO -5.42 -1.85 -3.64 -61.87 RHODE ISLAND -4.26 -12.23 9.09 0.00 SOUTH CAROLINA 2.11 -4.65 7.09 0.08 SOUTH DAKOTA 1.97 -4.14 6.37 10.35 TENNESSEE 0.97 -3.18 4.28 5.94 TEXAS -1.05 -5.56 4.78 11.23 UTAH -1.90 -3.20 1.34 -11.61 VERMONT -2.12 -2.36 0.25 -2.94 VIRGIN ISLANDS 4.85 -0.68 5.56 8.87 VIRGINIA 2.84 -4.49 7.67 21.81 WASHINGTON -0.58 -4.68 4.30 17.91 WEST VIRGINIA -4.30 -2.74 -1.60 -31.61 WISCONSIN -1.59 -6.83 5.63 4.44 WYOMING -1.76 -5.40 3.85 4.13 GRAND TOTAL 2.35 -5.38 8.18 2.55 * Percentage changes from 2006 to 2007. Source: Calculated from National Exchange Carrier Association data. Requirement Loops
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A5.txt
  • 24.71 0.00 OHIO -2.41 -7.61 5.63 -6.81 OKLAHOMA -4.57 -5.60 1.10 4.12 OREGON 0.77 -4.06 5.03 0.66 PENNSYLVANIA 1.21 -4.24 5.69 -10.86 PUERTO RICO -5.42 -1.85 -3.64 -61.87 RHODE ISLAND -4.26 -12.23 9.09 0.00 SOUTH CAROLINA 2.11 -4.65 7.09 0.08 SOUTH DAKOTA 1.97 -4.14 6.37 10.35 TENNESSEE 0.97 -3.18 4.28 5.94 TEXAS -1.05 -5.56 4.78 11.23 UTAH -1.90 -3.20 1.34 -11.61 VERMONT -2.12 -2.36 0.25 -2.94 VIRGIN ISLANDS 4.85 -0.68 5.56 8.87 VIRGINIA 2.84 -4.49 7.67 21.81 WASHINGTON -0.58 -4.68 4.30 17.91 WEST VIRGINIA -4.30 -2.74 -1.60 -31.61 WISCONSIN -1.59 -6.83 5.63 4.44 WYOMING -1.76 -5.40 3.85 4.13 GRAND TOTAL 2.35 -5.38 8.18 2.55 * Percentage changes from 2006 to 2007. Source: Calculated from National Exchange Carrier Association data. Requirement Loops
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279739A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279739A1.pdf
  • by failing to maintain issues/programs lists in the public inspection file. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), that Hensley Broadcasting is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). We also admonish Hensley for failing to maintain Emergency Alert System (``EAS'') logs in violation of Section 11.61(b) of the Rules. BACKGROUND On September 16, 2005, agents from the Commission's Philadelphia Office conducted a random inspection of AM broadcast station WWII in Shiremanstown, Pennsylvania. The station manager and co-owner, Dean Lebo, and the office assistant, accompanied the FCC agents during the inspection. The FCC agents reviewed the contents of the public file for station WWII and found that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280427A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280427A1.pdf
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to. McGraw-Hill Broadcasting Company. (``McGraw-Hill''), licensee of TV Broadcast station KGTV, San Diego, California. On January 23, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KGTV's emergency alert system, located at 4600 Air Way, San Diego, California and observed the following violation: 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required monthly test (RMT) for the months of December 2007 and January 2008. No system record entries were found indicating the reasons why the tests had not been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280569A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280569A1.pdf
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to. Andres Serrano Ministries, licensee of Low Power FM Broadcast station KGIC-LP, Corona, California. On January 30, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KGIC-LP's emergency alert system (``EAS''), located at 1717 Via Del Rio, Corona, California, and observed the following violations: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required monthly test (RMT) for the months of October and November of 2007. No system record entries were found indicating the reasons why the tests had not been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280711A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280711A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Pacifica Broadcasting Company (``Pacifica''), licensee of television station KALO in Honolulu, Hawaii. On January 2, 2008, an agent of the Enforcement Bureau's Honolulu Office monitored the television station KALO located at 875 Waimanu Street, Suite 110 in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by broadcast stations...in an EAS Local Area or State.'' KALO did not retransmit the required monthly test issued by Hawaii State Civil Defense on January 2, 2008. On March 3, 2008, an agent of the Enforcement Bureau's Honolulu
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281013A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281013A1.pdf
  • to Jensen Investments, FLP (``Jensen''), licensee of Class A TV Broadcast station KHLU-CA, Lake Havasu City, AZ. On February 26, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KLHU-CA's emergency alert system (``EAS'') and public inspection file, located at 1600 W. Acoma Blvd., Suite 36, Lake Havasu City, AZ, and observed the following violations: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required monthly test (``RMT'') for the months of January 2008. No entries were found in the EAS records indicating the reasons why the RMT had not been received
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281352A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281352A1.pdf
  • construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization." At the time of inspection, WBJB-FM's public inspection file did not contain the current authorization, nor was the station able to provide it to the agent upon request. b. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required weekly tests from February 7, 2008 through February 15, 2008, and no reasons why tests were not conducted. There was no record of a monthly test being
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281353A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281353A1.pdf
  • District Director, New York Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to CC Licenses, LLC, licensee of radio station WRNQ, Poughkeepsie, New York. On February 13, 2008, an agent of the Commission's New York Office inspected radio station WRNQ, and observed the following violation: 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, there were no entries in the station records documenting the transmission of the Required Weekly Test (RWT) for the weeks of November 11, 18 and 25, 2007, and the re-transmission of the Required Monthly Test (RMT) for the month of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281364A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281364A1.pdf
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to. Tempe Radio, Inc., licensee of FM Broadcast station KUPD(FM), Tempe, Arizona. On February 6, 2008, an agent of the Enforcement Bureau's San Diego Office inspected the KUPD emergency alert system (``EAS'') equipment, located at 1900 W. Carmen Street, Tempe, Arizona, and observed the following violations: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmissions from November, 2007, to January, 2008, from the first local primary (``LP-1'') station KTAR - Phoenix. No system record entries were found indicating the reasons why the tests had not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281365A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281365A1.pdf
  • ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to. Tempe Radio, Inc., licensee of AM Broadcast station KDUS(AM) - Tempe, Arizona. On February 6, 2008, an agent of the Enforcement Bureau's San Diego Office inspected the KDUS emergency alert system (``EAS'') equipment, located at 1900 W. Carmen Street, Tempe, Arizona, and observed the following violation: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception or transmission of EAS tests for the month of December 2007. No system record entries were found indicating the reasons why the tests had not been received or transmitted or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281366A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281366A1.pdf
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Cox Communications, operator of a cable system serving Peoria, Arizona. On February 4, 2008, an agent of the Enforcement Bureau's San Diego Office inspected Cox Communications' emergency alert system (``EAS''), located at 9534 W. Peoria Avenue, Peoria, Arizona, and observed the following violations: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the cable system records contained no entries documenting the transmission of the first local primary (``LP-1'') station KTAR(AM) or (FM) - Phoenix, for over 12 months. No system record entries were found indicating the reasons why the tests had not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281521A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281521A1.pdf
  • Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Princeton Broadcasting Service, Inc., licensee of radio station WPRB in Princeton, New Jersey. On March 19, 2008, an agent of the Enforcement Bureau's New York Office inspected station WPRB located in Princeton, New Jersey, and observed the following violation: 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests or the reception and retransmission of monthly tests from December, 2007 through March 11, 2008. The broadcast station records contained no reasons why weekly tests were
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281526A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281526A1.pdf
  • Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to. Sun City Licenses, LLC, (``Sun City''), licensee of FM Broadcast station KVIB, Scottsdale, Arizona. On February 6, 2008, an agent of the Enforcement Bureau's San Diego Office inspected KVIB's emergency alert system (``EAS''), located at 4343 N. Scottsdale Road, Scottsdale, Arizona and observed the following violation: 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the transmission of the required weekly test (RWT) since November 2007 to the date of the inspection. No system record entries were found indicating the reasons why the tests had not been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281527A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281527A1.pdf
  • of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to NPG Cable, Inc., operator of a cable system serving Kingman, Arizona. On March 25, 2008, an agent of the Enforcement Bureau's San Diego Office inspected NPG Cable, Inc.' emergency alert system (``EAS''), located at 2900 Airway Avenue, Kingman, Arizona, and observed the following violation: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." NPG Cable, Inc.'s EAS records do not indicate that the required monthly test (``RMT'') for the months of May, August, September and December of 2007 were conducted. There were no notes recorded as to why the cable system did not receive the required weekly test
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281668A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281668A1.pdf
  • the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Blue Ridge Communications in Duncannon, Pennsylvania. On February 26, 2008, an agent of the Commission's Philadelphia Office inspected the Blue Ridge cable system serving Duncannon, Pennsylvania and observed the following violations: 47 C.F.R. § 11.61(b): ``Entries of each test and activation of the EAS must be made in the broadcast station log as specified in Section 11.54(b).2'' At the time of inspection, the agent observed that the station did not have any records of conducted ``EAS Required Monthly Tests'' and ``EAS Required Weekly Tests'' between August 1, 2005 and July 23, 2006. The agent also
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282770A1.pdf
  • Participants are responsible for ensuring that EAS Encoders, EAS Decoders and Attention Signal generating and 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...'' Section 11.52(d) of the Rules requires broadcast stations to monitor at least two EAS sources. Section 11.61(a)(1) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. Agents determined that, on April 20, 2007 and April 23,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282959A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282959A1.pdf
  • Region, Enforcement Bureau: This is a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Cablevision Systems New York City Corporation (``Cablevision''), operator of a cable system in Brooklyn, New York. On June 6, 2008, an agent of the Commission's New York Office inspected Cablevision in Brooklyn, NY, and observed the following violation: 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the cable system records contained no entries documenting the reception of tests from LP-1 station WABC, 770 kHz, New York, NY, since January 1, 2008. No system record entries were found indicating the reasons why the tests had not been
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282964A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282964A1.pdf
  • in the main audio channel.'' No audio message was transmitted during the Required Monthly Test (``RMT'') transmissions for the months of April 2008 and June 2008. On May 1, 2008, an agent of the Enforcement Bureau's Honolulu Office monitored the class A television station KHLU-LP located at Palehua Ridge in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS participants in an EAS Local Area or State.'' KHLU-LP did not retransmit the required monthly test issued by Hawaii State Civil Defense on May 1, 2008. Pursuant to Section 403 of the Communications Act of 1934,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283324A1.pdf
  • Texas. On February 20, 2008, agents of the Commission's Dallas Office of the Enforcement Bureau inspected radio station KSEY-FM located at Seymour, Texas, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required [EAS] tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries must be made in the broadcast station log, ... indicating why any tests were not received.'' At the time of inspection, the EAS equipment installed at KSEY was not operational. According a statement by Mr. Aulabaugh, the last time that the equipment was known to be operational was on January 3, 2008, and that the licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283325A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283325A1.pdf
  • On February 20, 2008, agents of the Commission's Dallas Office of the Enforcement Bureau inspected AM radio station KSEY located at Seymour, Texas, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required [EAS] tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries must be made in the broadcast station log, ... indicating why any tests were not received.'' At the time of inspection, the EAS equipment installed at KSEY was not operational. According a statement by Mr. Aulabaugh, the last time that the equipment was known to be operational was on January 3, 2008, and that the licensee
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283330A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283330A1.pdf
  • pursuant to Section 1.89 of the Commission's Rules, to Hearst-Argyle Stations, Inc. (``Hearst-Argyle''), licensee of television station KITV-DT in Honolulu, Hawaii. On June 2, 2008, an agent of the Enforcement Bureau's Honolulu Office monitored the second digital channel of television station KITV-DT located at 875 Waimanu Street, Suite 110, in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS Participants in an EAS Local Area or State.'' The second digital channel of KITV-DT did not retransmit the required monthly test issued by the Hawaii State Civil Defense on June 2, 2008. Pursuant to Section 403
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283842A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283842A1.pdf
  • is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Comcast of Southwest Washington (``Comcast''), operator of a cable system in Vancouver, Washington. On July 2, 2008, an agent of the Enforcement Bureau's Portland Resident Agent Office inspected the Comcast cable system located in Vancouver, Washington and observed the following violation: 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).'' At the time of the inspection on July 2, 2008, the agent observed that the record for the Required Monthly Tests (``RMT'') for the month of June 2008 was not in the EAS logs. Comcast later provided a copy of the referenced receipt via facsimile
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284308A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284308A1.pdf
  • a Notice of Violation (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Cablevision Systems Westchester Corporation (``Cablevision''), operator of a cable system in Yonkers, New York (Physical System ID 007341). On July 10, 2008, an agent of the Commission's New York Office inspected Cablevision's cable system serving Yonkers, New York, and observed following violations: 47 C.F.R. § 11.61(b): ``Entries [of EAS tests] shall be made in EAS Participant records as specified in §§ 11.35(a) and 11.54(b)(13). § 11.35(a) states ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . .
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  • (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to CSC Acquisition -MA Inc. (``Cablevision''), operator of a cable system serving Port Chester and Harrison, New York (Physical System ID 008370). On July 16, 2008, an agent of the Commission's New York Office inspected Cablevision's cable system, Physical System ID 008370, and observed the following violations: 47 C.F.R. § 11.61(b): ``Entries [of EAS tests] shall be made in EAS Participant records as specified in §§ 11.35(a) and 11.54(b)(13). § 11.35(a) states ``EAS Participants must determine the cause of any failure to receive the required tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made in . . .
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  • pursuant to Section 1.89 of the Commission's Rules, to NPG Cable, Inc., operator of a cable system in Mammoth Lakes, California. On June 20, 2008, an agent of the Enforcement Bureau's San Francisco Office inspected NPG Cable, Inc.'s emergency alert system (``EAS''), located at 123 Commerce Drive, Suite B6, Mammoth Lakes, California, and observed the following violation: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." NPG Cable, Inc's EAS records did not indicate that the required monthly test (``RMT'') for the months of January, February, March, and April of 2008 were conducted. There were no notes recorded as to why the cable system did not receive the required weekly test
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284460A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284460A1.pdf
  • radio and television broadcast stations shall transmit EAS messages in the main audio channel.'' No audio message was transmitted during the Required Monthly Test (``RMT'') transmissions for the month of July 2008. On August 1, 2008, an agent of the Enforcement Bureau's Honolulu Office monitored radio station KKEA located in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS participants in an EAS Local Area or State.'' KKEA did not retransmit the required monthly test issued by Hawaii State Civil Defense on August 1, 2008. Pursuant to Section 403 of the Communications Act of 1934,
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  • 2008, an agent of the Commission's Dallas Office of the Enforcement Bureau inspected radio station KBEL-FM located at Idabel, Oklahoma, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required [Emergency Alert System ``EAS''] tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries must be made in the broadcast station log, ... indicating why any tests were not received.'' At the time of inspection, the EAS equipment installed at KBEL-FM was operational. However, the entire EAS log consisted of 7 entries beginning on April 18, 2008. The EAS log entries were for the reception of 5 thunderstorm warnings and
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  • 2008, an agent of the Commission's Dallas Office of the Enforcement Bureau inspected radio station KBEL located at Idabel, Oklahoma, and observed the following violation(s): 47 C.F.R. § 11.35(a): ``Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required [Emergency Alert System ``EAS''] tests or activations specified in § 11.61(a)(1) and (a)(2). Appropriate entries must be made in the broadcast station log, ... indicating why any tests were not received.'' At the time of inspection, the EAS equipment installed at KBEL was operational. However, the entire EAS log consisted of 7 entries beginning on April 18, 2008. The EAS log entries were for the reception of 5 thunderstorm warnings and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286482A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286482A1.pdf
  • inspection and Red Zebra's subsequent response to a Letter of Inquiry dated February 25, 2008, agents determined that Red Zebra failed to maintain a full-time managerial presence. On December 12, 2007, agents of the Commission's Columbia Field Office inspected radio station WWXX located at 8121 Georgia Avenue, Suite 1050, Silver Spring, Maryland, 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).'' A review of the station's records revealed that, as of December 2006, the records contained no entries specifically documenting the receipt or activation of EAS tests or the reasons why the tests had not been transmitted or received by WWXX. Although the station had piles of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286527A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286527A1.pdf
  • licensee of radio station KHIX, licensed to serve Carlin, Nevada. On September 12, 2008, an agent of the Enforcement Bureau's San Francisco Office inspected the KHIX main studio located in Elko, Nevada, and observed the following violations: 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 Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any tests were not received must be made 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 the station log indicating why tests had been sporadically missed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286792A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-286792A1.pdf
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Newark Public Radio Inc., licensee of radio station WBGO in Newark, New Jersey. On November 3, 2008, an agent of the Enforcement Bureau's New York Office inspected station WBGO located in Newark, New Jersey, and observed the following violations: a. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from primary entry point WABC, 770 KHz, for the period from October 1, 2008 through October 18, 2008. The broadcast station records contained no reasons why
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287208A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287208A1.pdf
  • with FCC monitoring priorities.'' At the time of inspection, WIKD-LP was not monitoring the two EAS sources specified in the State EAS Plan. The station representative was unable to demonstrate that the EAS decoder was receiving the two EAS sources or provide a reason why the device was not receiving the activation signal from the EAS sources. 47 C.F.R. § 11.61 (a): ``EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activation and special test 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
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  • restored to service. Section 11.52(d) of the Rules requires broadcast stations to monitor at least two EAS sources. The monitoring assignments of each broadcast station are specified in the State EAS Plan and FCC Mapbook. The requirement that stations monitor at least two EAS sources ensures redundancy of the EAS system in the event one of the sources fails. Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and (b) conduct tests of the EAS header and EOM codes at least once a week at random days and times. The requirement that stations monitor, receive and retransmit
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  • located at Wichita, Kansas, and, after discussing the complaint, the agent requested that the station provide copies of all station logs and records pertaining to the EAS operation for the three month period ending 11/24/08. The requested logs and records were received on November 28, 2008. Based on those logs and records, the following violations have been detected: 47 C.F.R. §11.61(a)(2): ``Required Weekly Tests: Analog and digital AM, FM and TV broadcast stations must conduct tests of the EAS header and EOM codes at least once a week at random days and times...'' The station logs submitted are for the 17-week period of 8/3/08 - 11/24/08. According to these logs, station KEYN-FM did not transmit any EAS activation during five of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287332A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287332A1.pdf
  • the Commission's Rules, to NVT Hawaii Licensee, LLC (``NVT''), licensee of digital television station KHON-DT in Honolulu, Hawaii. On November 3, 2008 and on December 1, 2008, an agent of the Enforcement Bureau's Honolulu Office monitored the second digital channel of television station KHON-DT located at 88 Piikoi Street, in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS Participants in an EAS Local Area or State.'' The second digital channel of KHON-DT did not retransmit the required monthly test issued by the Hawaii State Civil Defense on November 3, 2008, or on December 1,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287503A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287503A1.pdf
  • Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Radio Vision Cristiana Management Corp. (``Radio Vision''), licensee of radio station WWRV in Paterson, New Jersey. On December 15, 2008, an agent of the Enforcement Bureau's New York Office inspected station WWRV located in Paterson, New Jersey, and observed the following violations: a. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly test from LP-1 station WFAN, 660 KHz, for the periods from September 3, 2008 through September 25, 2008 and from October 3, 2008 through October 19, 2008.
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  • of Reporting Areas: 1,474 Source: National Exchange Carrier Association, Universal Service Fund Submission of 2006 Study Results(September 28, 2007) 3 - 164 Table 3.32 ILEC High-Cost Loop Support Data Percentage Changes from 2005 to 2006 by Study Area Study Area Code Type Study Area Name TOTAL ALABAMA -3.54 -4.99 1.53 -31.30 250282 C BLOUNTSVILLE TEL. CO., INC. 2.10 -5.47 8.01 11.61 250283 A BRINDLEE MOUNTAIN TEL. CO. 5.24 -2.48 7.91 0.00 250284 C BUTLER TEL. CO., INC. 0.79 -2.53 3.40 2.23 250285 A CASTLEBERRY TEL. CO., INC. -6.27 -7.47 1.30 -16.84 250286 C NATIONAL TEL. CO. OF AL -2.36 -5.35 3.16 -2.17 250290 C FARMERS TELECOMMUNICATIONS COOPERATIVE, INC. -1.37 -2.17 0.82 -8.69 250295 C GRACEBA TOTAL COMM. -3.95 -0.91 -3.07 -14.59
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  • of Reporting Areas: 1,474 Source: National Exchange Carrier Association, Universal Service Fund Submission of 2006 Study Results(September 28, 2007) 3 - 164 Table 3.32 ILEC High-Cost Loop Support Data Percentage Changes from 2005 to 2006 by Study Area Study Area Code Type Study Area Name TOTAL ALABAMA -3.54 -4.99 1.53 -31.30 250282 C BLOUNTSVILLE TEL. CO., INC. 2.10 -5.47 8.01 11.61 250283 A BRINDLEE MOUNTAIN TEL. CO. 5.24 -2.48 7.91 0.00 250284 C BUTLER TEL. CO., INC. 0.79 -2.53 3.40 2.23 250285 A CASTLEBERRY TEL. CO., INC. -6.27 -7.47 1.30 -16.84 250286 C NATIONAL TEL. CO. OF AL -2.36 -5.35 3.16 -2.17 250290 C FARMERS TELECOMMUNICATIONS COOPERATIVE, INC. -1.37 -2.17 0.82 -8.69 250295 C GRACEBA TOTAL COMM. -3.95 -0.91 -3.07 -14.59
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  • ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Precis Communications, LLC., operator of a cable system in Ely, Nevada. On September 18, 2008, an agent of the Enforcement Bureau's San Francisco Office inspected Precis Communications LLC's emergency alert system (``EAS''), located at Squaw Peak and Morley Ave, Ely, Nevada, and observed the following violation: a. 47 C.F.R. §11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." Precis Communications, LLC's EAS records did not indicate that the required monthly tests (``RMTs'') for the months of June, July, August, and September of 2008 were conducted. There were no notes recorded as to why the cable system did not receive the RMTs from the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288511A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-288511A1.pdf
  • a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Cumulus Licensing LLC, licensee of AM radio station WFAS in White Plains, New York. On January 13, 2009, an agent of the Commission's New York Office inspected AM station WFAS, located in White Plains, New York, and observed the following violations: a. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the reception of the weekly tests from the local primary (LP-1) station, WABC, New York, New York, for the period October 1, 2008, through October 18, 2008. The broadcast station records contained
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289173A1.txt
  • NM Ohio 3,393 28,994 11.70 3,017 14,837 20.33 Oklahoma 751 8,019 9.37 1,230 4,702 26.16 Oregon 894 8,015 11.15 1,241 4,253 29.18 Pennsylvania 5,328 35,542 14.99 4,800 14,175 33.86 Puerto Rico 209 3,392 6.16 664 3,749 17.71 Rhode Island 283 3,782 7.48 342 1,182 28.93 South Carolina 1,037 8,534 12.15 1,189 5,676 20.95 South Dakota 61 1,199 5.09 114 982 11.61 Tennessee 1,718 13,258 12.96 1,750 8,100 21.60 Texas 5,689 53,899 10.55 10,533 29,769 35.38 Utah 1,233 6,255 19.71 646 2,906 22.23 Vermont 256 3,271 7.83 253 719 35.19 Virgin Islands 0 0 NM 0 0 NM Virginia 2,370 17,482 13.56 2,901 10,027 28.93 Washington 1,736 16,344 10.62 2,097 7,622 27.51 West Virginia 435 3,455 12.59 457 2,075 22.02 Wisconsin 1,178
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  • is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Pacifica Foundation, Inc., licensee of FM radio station WBAI in New York, New York. On February 25, 2009, an agent of the Commission's New York Office inspected FM station WBAI, located in New York, New York, and observed the following violations: 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries documenting the receipt and retransmission of the monthly tests from the local primary stations during the months of November 2008 and December 2008. For the month of January 2009, the station records indicated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289823A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289823A1.pdf
  • a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to The University of Hawaii (``UH''), licensee of radio station KTUH in Honolulu, Hawaii. On December 1, 2008 and March 2, 2009, an agent of the Enforcement Bureau's Honolulu Office monitored radio station KTUH located in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS participants in an EAS Local Area or State.'' KTUH did not retransmit the required monthly test issued by Hawaii State Civil Defense on both December 1, 2008 and March 2, 2009. Pursuant to Section 403 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290031A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290031A1.pdf
  • This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Radio Hawaii, Inc., licensee of radio station KWAI in Honolulu, Hawaii. On March 2, 2009 and April 1, 2009, an agent of the Enforcement Bureau's Honolulu Office monitored radio station KWAI located in Honolulu, Hawaii, and observed the following violation: 47 C.F.R. § 11.61(a)(1)(i): ``Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code...must be transmitted within 60 minutes of receipt by EAS participants in an EAS Local Area or State.'' KWAI did not retransmit the required monthly tests issued by Hawaii State Civil Defense on both March 2, 2009 and April 1, 2009. Pursuant to Section 403 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290765A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-290765A1.pdf
  • Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules to Youngshine Media, Inc., (``Youngshine''), licensee of radio station WDNJ in Hopatcong, New Jersey. On March 25, 2009, an agent of the Enforcement Bureau's New York Office inspected station WDNJ located in Hopatcong, New Jersey, and observed the following violation: 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records contained no entries at all for the period from February 13, 2009 to February 25, 2009, documenting the reception of the weekly tests from either WFME or WABC. Moreover, the station records contained no entries for
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  • proceeding. Pursuant to Section 503(b) of the Communications Act of 1934, as amended (``the Act'') and Section 1.80 of the Commission's Rules (``the Rules'') the former Compliance and Information Bureau ("CIB") found WGUL-FM, Inc. liable for a monetary forfeiture in the amount of $7,000 for willful and continuous violation of rule sections 11.52(d) (EAS code and attention signal monitoring requirements), 11.61(a) (tests of EAS procedures), and 73.3526(c) (availability of public inspection file for public inspection). For the reasons discussed below, we lower the forfeiture to $5,000. BACKGROUND 2. In response to a complaint concerning unintentional emissions, the Tampa Florida Field Office ("Field Office") inspected WINV(AM)'s operating facilities. The inspection revealed the aforementioned violations. On March 31, 1998, the Field Office issued
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  • 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 7, 1999, the District Director of the Denver Office issued a Notice of Apparent Liability ("NAL") to Arnold in the amount of $16,000 for violations of Sections 11.35, 11.61, 17.4, 73.1225, 73.1350. 73.1820, and 73.1870 of the Rules. On February 9, 2000, after receiving a response from the licensee, the Enforcement Bureau issued a Forfeiture Order which upheld the NAL. 3. On February 24, 2000, Arnold filed a Petition for Reconsideration (``Petition'') of the Forfeiture Order. In its Petition, Arnold argued that the forfeiture amount should be substantially reduced.
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  • areas would be used in conjunction with special ``CCC'' codes. The special ``CCC'' codes have not yet been designated. SBE Petition at 8. NWS Petition at 1, 3-4. SBE Comments at 2-3. 47 C.F.R. § 11.31(d). 47 C.F.R. § 11.34; see also 47 C.F.R. Part 2, Subpart J. See 47 C.F.R. § 2.1043. See 47 C.F.R. §§ 11.51(l), 11.52(e)(2) and 11.61(a)(1)(v). SBE Petition at 3. NAB Comments at 3; Fox Comments at 1-2. Id. at 6. Id. NWS Petition at 1; NWS Letter at 3-4. 47 C.F.R. § 11.33(a)(4) and (a)(5). Id. at 10-11. Id. Id. at 11. See 47 C.F.R. §§ 11.51(j) and 11.52(c). SBE Petition at 14. 47 C.F.R. § 11.32(a)(5). SBE Petition at 16. Memorandum from President William
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  • must comply with § 11.54(b)(6). Broadcast stations providing foreign language programming shall comply with § 11.54(b)(7) of this part. * * * * * (7) The times of the above EAS actions must be entered in the broadcast station, cable system or wireless cable system records as specified in § 11.54(b)(12) of this part. * * * * * Section 11.61 is revised to read as follows: § 11.61 Tests of EAS procedures. (a) Tests shall be made at regular intervals as indicated below. Additional tests may be performed anytime. EAS activations and special 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-135A1.txt
  • Attention Signal generating and 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. Additionally, broadcast stations and cable systems and wireless cable systems must determine the cause of any failure to receive the required tests or activations specified in §§ 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log as specified in § 73.1820 and § 73.1840 of this chapter, cable system record as specified in §§ 76.1700, 76.1708, and 76.1711 of this chapter, BRS station records, indicating reasons why any tests were not received. * * * * * PART 15 - RADIO FREQUENCY DEVICES The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-189A1.txt
  • as a radio, for more information. 47 C.F.R. § 79.2(b)(1). 47 C.F.R. § 79.2(b)(3). 47 C.F.R. §§ 11.54(b)(7), 11.55(c)(4). See PPW 2004 EAS Assessment at 26-27. Id. Id. See generally 2002 Report and Order. There is also a National Periodic Test event code and National Primary sources must participate in Periodic National Tests as appropriate. See 47 C.F.R. §§ 11.31(e), 11.61(a)(3). See 47 C.F.R. § 11.61. MSRC EAS Survey at 20. Id. at 10. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, CI Docket No. 95-6, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture Policy Statement). 47 C.F.R. § 1.80. See Amendment of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1.txt
  • weather channels that the SDARS licensees provide. We will require SDARS licensees to inform their customers of the channels that will and will not be capable of supplying state and local EAS messages. Finally, we will require SDARS licensees to test their ability to receive and distribute EAS messages in the same manner required of other EAS participants in section 11.61 of our rules and to keep records of all tests. Although XM states that it is committed to testing its EAS equipment, it suggests that our rules should require it to conduct tests only on its XM Emergency Channel. Although we commend XM for its commitment to test its EAS equipment, we disagree with its view regarding testing requirements. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • weather channels that the SDARS licensees provide. We will require SDARS licensees to inform their customers of the channels that will and will not be capable of supplying state and local EAS messages. Finally, we will require SDARS licensees to test their ability to receive and distribute EAS messages in the same manner required of other EAS participants in section 11.61 of our rules and to keep records of all tests. Although XM states that it is committed to testing its EAS equipment, it suggests that our rules should require it to conduct tests only on its XM Emergency Channel. Although we commend XM for its commitment to test its EAS equipment, we disagree with its view regarding testing requirements. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-21A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-21A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-21A1.txt
  • Message on all channels [FN3] Y 10/1/02 N Video interrupt and audio alert message on all channels;[FN4] Audio and Video EAS message on at least one channel. N Y 10/1/02 [FN1] The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message or to the Required Monthly Test (RMT) under § 11.61(a)(1) of this Part. The two-tone signal must be 8-25 seconds in duration. [FN2] Wireless cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. [FN3] All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-109A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-109A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-109A1.txt
  • Y 10/1/02 N all channels \3\ Video interrupt and audio alert N Y 10/1/02 message on all channels; \4\ Audio and Video EAS message on at least one channel ------------------------------------------------------------------------ \1\ The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message or to the Required Monthly Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8-25 seconds in duration. \2\ Wireless cable systems serving < 5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. \3\ All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
  • Bell Atlantic 11.96 44.89 22.45 New Mexico Alamogordo US West 20.99 10.18 31.86 7.96 New York Binghamton Bell Atlantic 23.76 14.49 62.47 11.36 New York Buffalo Bell Atlantic 28.29 18.92 63.59 11.56 New York Massena Bell Atlantic 20.33 11.12 62.10 11.29 New York New York City Bell Atlantic 24.88 14.27 63.90 11.62 New York Ogdensburg Bell Atlantic 20.90 11.43 63.85 11.61 New York Rochester Frontier - Rochester 16.83 13.04 33.32 10.00 North Carolina Raleigh BellSouth 17.22 9.79 44.03 22.02 North Carolina Rockingham BellSouth 15.69 8.26 44.03 22.02 Ohio Canton Ameritech 18.87 10.63 36.50 0.00 Ohio Cincinnati Cincinnati Bell 20.28 18.63 25.70 0.00 Ohio Cleveland Ameritech 18.87 10.63 36.50 0.00 Ohio Columbus Ameritech 18.87 10.63 36.50 0.00 Ohio Toledo Ameritech 18.87 10.63
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
  • US West 23.27 20.94 10.47 New Jersey Phillipsburg Bell Atlantic 13.05 $10.26 44.89 22.45 New Mexico Alamogordo US West 20.99 10.18 31.86 7.96 New York Binghamton Bell Atlantic 23.74 14.47 62.41 11.35 New York Buffalo Bell Atlantic 28.27 18.90 63.53 11.55 New York Massena Bell Atlantic 20.31 11.11 62.05 11.28 New York New York City Bell Atlantic 24.86 15.46 63.84 11.61 New York Ogdensburg Bell Atlantic 20.88 11.42 63.79 11.60 New York Rochester Frontier - Rochester 17.86 13.96 33.32 10.00 North Carolina Raleigh BellSouth 17.23 6.09 44.03 22.02 North Carolina Rockingham BellSouth 15.69 4.55 44.03 22.02 Ohio Canton Ameritech 18.72 8.21 36.50 Ohio Cincinnati Cincinnati Bell 21.05 14.41 25.70 Ohio Cleveland Ameritech 18.72 8.21 36.50 Ohio Columbus Ameritech 18.72 10.63 36.50
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror00.pdf
  • Inc. 16.63 11.25 37.02 31.98 19CenturyTel of Ohio, Inc. 18.96 14.55 19.89 22.48 20CenturyTel of Wisconsin, Inc. 19.68 11.25 21.89 28.93 21Chillicothe Telephone Company, The 2/ 27.42 11.25 16.24 40.03 0.08 25.03 22Concord Telephone Co. 15.58 11.46 30.98 24.99 (423.81) 22.84 22.77 23El Paso Telephone Co. 1/ 2/ -4.84 3.27 251.20 (11.40) (305.07) (21.42) 24Farmers Telephone Cooperative, Inc. 1/ 13.26 11.61 8.17 21.61 18.25 19.48 25Fort Mill Telephone Company 15.04 11.47 17.20 31.41 71.25 41.43 26Gallatin River Communications, LLC 3/ 11.43 12.47 9.74 10.64 12.04 10.95 27Gulf Telephone Company 3/ 11.98 11.89 11.70 11.75 12.38 12.15 28Home Telephone Company, Inc. 12.30 11.60 28.97 10.99 8.27 10.52 29Horry Telephone Cooperative, Inc 11.88 11.58 3.84 19.73 9.57 14.48 30Illinois Consolidated Telephone Company 11.77
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror03.pdf
  • 36.26 29Gallatin River Communications, LLC 14.50 11.25 25.67 4.59 0.00 16.64 8.58 30Gulf Telephone Company 17.37 11.25 31.84 14.04 0.00 21.90 19.64 31Hargray Telephone Company 6.94 11.25 (2.91) 9.39 0.00 13.22 11.45 32Home Telephone Company, Inc. 10.81 11.25 7.11 14.07 0.00 7.96 12.99 33Horry Telephone Cooperative, Inc 11.01 11.25 25.52 8.41 0.00 3.67 4.40 34Illinois Consolidated Telephone Company 14.15 12.26 11.61 302.78 31.89 32.45 35Lancaster Telephone Company 14.14 12.58 5.74 25.00 0.00 40.68 27.55 36Moultrie Independent Telephone Company 5.59 12.93 (5.73) 10.28 9.85 10.24 37Odin Telephone Exchange, Inc. 11.50 43.69 (5.70) 11.25 (3.79) 38Puerto Rico Telephone Company 10.55 12.35 10.71 3.91 214.88 6.29 6.17 39Rock Hill Telephone Company 14.88 12.57 23.23 16.30 0.00 6.79 14.14 40Surewest Telephone 1 15.59 12.19 16.98
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror96.pdf
  • 11.09 12.38 - 4.12 - 16.50 7.73 71EAGLE TELECOMMUNICATIONS 11.70 12.44 (1.52) 10.99 - 6.94 9.95 72EAST ASCENSION TELEPHONE CO. 2/ 13.84 12.46 35.73 18.90 - 7.70 14.64 73EGYPTION TELEPHONE COOPERATIVE ASSN. 15.04 12.38 (0.55) 29.10 - (2.81) 21.40 74EL PASO TELEPHONE COMPANY 16.93 12.38 (3.93) 30.65 - 39.11 32.19 75ELKHART TELEPHONE COMPANY 2/ 11.59 12.95 (0.54) 21.16 - (4.29) 11.61 76FIDELITY TELEPHONE COMPANY 12.21 12.29 11.76 12.28 - 11.64 - 77GENERAL TELEPHONE CO. OF ALASKA 11.60 12.44 4.09 11.91 80.00 (10.67) 11.40 78GENERAL TELEPHONE CO. OF CALIFORNIA 12.38 12.44 10.09 12.24 (70.79) 15.63 12.79 79GENERAL TELEPHONE CO. OF FLORIDA 12.34 12.44 12.18 12.50 56.32 9.01 12.18 80GENERAL TELEPHONE CO. OF THE NORTHWEST-ID 11.19 12.44 7.98 10.97 180.20 8.47 9.91 81GENERAL
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror97.pdf
  • 40.35 8.03 16CENTURY TELEPHONE OF OHIO, INC. 19.70 16.75 18.52 27.00 13.91 22.69 17CENTURY TELEPHONE OF WISCONSIN, INC. 15.23 11.64 9.94 14.55 2,078.04 34.52 22.02 18CHILLICOTHE TELEPHONE COMPANY, THE 3.66 11.25 (2.97) 11.83 10.43 11.54 19CONCORD TELEPHONE CO. 14.50 11.72 11.06 24.04 21.54 22.99 20FORT MILL TELEPHONE COMPANY 1/ 16.45 12.13 22.48 39.64 33.33 37.20 21HOME TELEPHONE COMPANY 1/ 16.98 11.61 21.13 19.84 66.33 25.86 22HORRY TELEPHONE CO. 13.48 11.60 1.86 8.64 26.30 17.13 23ILLINOIS CONSOLIDATED TELEPHONE COMPANY 11.31 12.18 12.97 13.05 7.16 9.07 24LANCASTER TELEPHONE COMPANY 1/ 12.08 12.33 15.81 9.48 15.38 10.73 25LUFKIN-CONROE TELEPHONE EXCHANGE 12.07 10.23 8.44 17.57 30.96 24.74 26PUERTO RICO TELEPHONE COMPANY 11.89 11.60 14.32 12.98 (239.32) 12.82 12.26 27ROCK HILL TELEPHONE COMPANY 1/ 13.83 12.31
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ror99.pdf
  • RATE OF RETURN SUMMARY JANUARY 1, 1999 - DECEMBER 31, 1999 SUMMARY OF REPORTS FILED MARCH 31, 2000 Prepared by Katie Rangos as of May 22, 2000. SWITCHED TRAFFIC SENSITIVE COMMON SPECIAL END LOCAL NAME OF COMPANY INTERSTATE LINE ACCESS OFFICE INFORMATION TRANSPORT TOTAL NATIONAL EXCHANGE CARRIER ASSOCIATION 12.94% 12.68% 15.53% - - - 12.93% 1ALLTEL ALABAMA, INC. 9.47 11.50 11.61 2.03 15.36 4.38 2ALLTEL ARKANSAS, INC. 9.88 11.50 11.49 4.69 5.03 4.96 3ALLTEL CAROLINA, INC. 10.93 11.50 5.13 11.70 11.33 11.98 4ALLTEL FLORIDA, INC. 11.44 11.50 10.18 10.34 12.95 11.78 5ALLTEL GEORGIA PROPERTIES 11.87 11.84 11.78 11.85 11.91 11.99 6ALLTEL KENTUCKY, INC. 11.46 11.50 10.41 11.24 12.19 11.52 7ALLTEL MISSISSIPPI, INC. 10.36 11.50 11.30 4.63 10.62 5.98 8ALLTEL MISSOURI, INC.
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr03-3.pdf
  • 14.42 1.12 13.14 224.05 361431 A MIDWEST TEL. CO. 14.88 2.60 11.98 66.26 361433 C MID STATE TELEPHONE COMPANY 5.05 -2.08 7.28 24.38 361437 A MINNESOTA LAKE TELEPHONE COMPANY 15.18 3.07 11.75 60.15 361439 A MINNESOTA VALLEY TEL. CO. INC. 6.07 0.27 5.78 11.01 361440 A CANNON VALLEY TELECOM, INC. 11.49 0.30 11.15 46.69 361442 C NEW ULM TELECOM, INC. 11.61 -1.53 13.35 128.97 361443 A LORETEL SYSTEMS, INC. 14.22 0.91 13.19 334.65 361445 C CENTURYTEL OF MINNESOTA, INC. 3.32 0.50 2.81 1.79 361448 A OSAKIS TELEPHONE COMPANY 15.32 2.50 12.51 INFINITE 361450 A PARK REGION MUTUAL TEL. CO. 18.00 5.58 11.77 74.37 361451 C PAUL BUNYAN RURAL TEL. COOP. 37.52 4.91 31.08 134.05 361453 C PEOPLES TELEPHONE COMPANY - MN
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-11.pdf
  • 102,273 17.66 Verizon - NW - Idaho ID 3,527 2,915 7,136 2.02 Qwest - Idaho South ID (40,166) (42,110) 6,165 (0.15) Qwest - Idaho North ID 2,404 2,274 442 0.18 Verizon - North - Contel Illinois IL 1,714 1,307 10,138 5.91 Verizon - South - Illinois IL 20,874 15,506 2,216 0.11 Verizon - North - Illinois IL 6,826 4,899 79,265 11.61 SBC - Ameritech - Illinois Bell IL (474,917) (487,519) 209,480 (0.44) Verizon - North - Contel/Indiana IN 3,167 2,374 8,658 2.73 Verizon - North - Indiana IN 9,958 6,954 68,373 6.87 SBC - Ameritech - Indiana Bell IN (613,433) (620,824) 64,963 (0.11) Sprint - United Tel Company of Indiana IN 7,134 5,623 8,290 1.16 Iowa Telecom - Iowa IA 8,378
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-2.pdf
  • 7.98 6.92 8.98 6.91 9.73 6.91 22.31 22.38 22.31 22.38 22.22 22.40 Maryland 8.18 - 8.84 - 9.22 - 23.98 - 23.86 - 24.00 - Massachusetts 8.18 - 8.99 10.08 9.71 7.09 6.75 - 6.75 - 6.75 - Michigan 7.47 13.07 7.99 14.66 8.25 15.17 20.88 11.00 20.79 11.00 20.45 11.00 Minnesota 6.21 6.50 6.85 6.70 7.50 7.90 10.87 13.79 11.61 11.18 12.01 42.63 Mississippi 8.00 - 8.84 - 9.52 - 22.17 - 21.45 - 20.45 - Missouri 6.93 3.42 7.03 4.94 7.51 2.58 18.00 20.00 17.93 10.00 18.73 21.00 Montana 7.61 7.59 8.81 8.66 9.51 10.78 14.53 17.77 15.05 18.17 15.74 17.06 Nebraska 7.94 10.83 8.71 11.16 8.92 10.14 14.45 28.00 13.50 28.00 14.28 28.00 Nevada 6.74 5.16 7.36 5.52
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrd99-9.pdf
  • 3.88 7.88 8.33 6.28 NA 4.06 Repairs: Residential 12.39 12.28 10.19 12.69 15.57 7.59 7.65 11.00 Small Business 11.71 10.46 8.30 11.43 9.72 5.95 8.54 12.52 Large Business 12.60 14.58 5.38 13.25 9.57 8.03 NA 2.49 Business Office: Residential 8.91 5.35 7.60 6.76 6.76 6.32 2.14 2.13 Small Business 9.61 9.52 7.99 8.11 9.36 5.80 5.02 4.76 Large Business 9.27 11.61 4.28 8.17 7.68 5.34 NA 1.47 Please refer to text for notes and data qualifications 9 - 23 Table 9.5(a): Company Comparision -- 1996 Customer Perception Surveys Sample Sizes Company Ameritech Bell Atlantic BellSouth NYNEX Pacific SBC US West GTE Overall: Residential 7,269 4,486 159,902 3,805 70,539 59,701 7,496 13,838 Small Business 6,530 2,768 120,400 3,156 68,727 59,740 7,451 13,204
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrj99-9.pdf
  • 11.04 3.88 7.88 8.33 6.28 NA 4.06 Repairs:Residential 12.39 12.28 10.19 12.69 15.57 7.59 7.65 11.00 Small Business 11.71 10.46 8.30 11.43 9.72 5.95 8.54 12.52 Large Business 12.60 14.58 5.38 13.25 9.57 8.03 NA 2.49 Business Office: Residential 8.91 5.35 7.60 6.76 6.76 6.32 2.14 2.13 Small Business 9.61 9.52 7.99 8.11 9.36 5.80 5.02 4.76 Large Business 9.27 11.61 4.28 8.17 7.68 5.34 NA 1.47 Please refer to text for notes and data qualifications 9 - 15 Table 9.5: Company Comparision -- 1998 Customer Perception Surveys Company Ameritech Bell Atlantic BellSouth NYNEXPacific SBCUS West GTE Sample Sizes -- Customer Perception Surveys Installations: Residential 28,568 12,767 49,182 17,86518,905 13,426 2,361 27,277 Small Business 27,746 12,627 26,156 17,46518,223 16,197 2,584 27,328
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs01-0.pdf
  • Later Year* OKLAHOMA (CONT.) 432025 C SOUTHWEST OKLAHOMA TEL. CO. 2.88 3.13 -0.24 -4.47 432029 C TERRAL TEL. CO. 8.55 -0.65 9.26 19.57 432030 C TOTAH TELEPHONE CO. INC. -4.23 3.99 -7.91 -14.54 432032 C VALLIANT TELEPHONE COMPANY 73.06 0.76 71.76 1385.68 432034 C WYANDOTTE TELEPHONE COMPANY 5.76 5.80 -0.04 4.44 432080 C GTE SOUTHWEST INC. - OK -8.74 3.24 -11.61 -100.00 432141 A SANTA ROSA TELEPHONE COOP. INC. 10.51 4.23 6.03 28.34 435215 C SOUTHWESTERN BELL-OKLAHOMA 2.19 3.57 -1.33 0.00 TOTAL: OREGON -0.73 2.43 -3.08 3.67 532226 C MIDVALE TEL. EXCH. INC. - OR 0.63 2.20 -1.53 -0.71 532359 C BEAVER CREEK COOPERATIVE TEL. CO. 22.57 0.51 21.95 66.31 532361 C CENTURYTEL OF EASTERN OREGON 1.20 4.29 -2.96 -5.79 532362
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
  • ID (US WEST) 3.76 6.47 -2.55 0.00 475162 C QWEST CORPORATION - IDAHO (US WEST) 3.60 0.81 2.77 INFINITE TOTAL: ILLINOIS -0.87 -1.41 0.55 53.63 340976 A ADAMS TEL. COOP. 16.70 1.49 14.99 133.85 340978 C ALHAMBRA-GRANTFORK TEL. CO. 2.19 -0.08 2.28 26.49 340983 A CAMBRIDGE TEL. CO.-IL 12.47 2.32 9.92 304.69 340984 C CASS COUNTY TEL. CO. 11.22 -0.35 11.61 77.59 340990 A CLARKSVILLE MUTUAL TEL. CO. 17.76 10.50 6.57 55.90 340993 A CROSSVILLE TEL. CO. 7.29 -1.27 8.68 125.53 340998 A FRONTIER COMM. OF DEPUE, INC. 8.78 -0.82 9.67 195.66 341003 C EGYPTIAN TEL. COOP. ASSN. 7.46 -3.64 11.52 37.46 341004 C EL PASO TEL. CO. 17.39 4.80 12.01 256.24 341009 C C-R TEL. CO. -2.82 -1.00 -1.84 -2.42
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/QualSvc/qual98.pdf
  • 3.88 7.88 8.33 6.28 NA 4.06 Repairs: Residential 12.39 12.28 10.19 12.69 15.57 7.59 7.65 11.00 Small Business 11.71 10.46 8.30 11.43 9.72 5.95 8.54 12.52 Large Business 12.60 14.58 5.38 13.25 9.57 8.03 NA 2.49 Business Office: Residential 8.91 5.35 7.60 6.76 6.76 6.32 2.14 2.13 Small Business 9.61 9.52 7.99 8.11 9.36 5.80 5.02 4.76 Large Business 9.27 11.61 4.28 8.17 7.68 5.34 NA 1.47 Please refer to text for notes and data qualifications Table 3(e): Company Comparision -- 1998 Customer Perception Surveys Company Ameritech Bell Atlantic BellSouth NYNEX Pacific SBC US West GTE Sample Sizes -- Customer Perception Surveys Installations: Residential 28,568 12,767 49,182 17,865 18,905 13,426 2,361 27,277 Small Business 27,746 12,627 26,156 17,465 18,223 16,197 2,584
• 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
  • By the Chief, Enforcement Bureau: 1. 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
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000814.doc
  • NY. New York, NY Office (3/27/00). Unidos Para Cristo Communications Ministry, Corona, NY. New York, NY Office (3/27/00). Apollo Transportation, Inc., Yonkers, NY. New York, NY Office (3/31/00). 47 C.F.R. Part 11 (Emergency Alert 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
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000897.doc
  • Inc. an Official Notice of Violation ("NOV") citing the above noted violations of the Rules. On April 14, 1998, the Tampa Office received a written response to the NOV. On June 1, 1998, the District Director of the Tampa Office issued an NAL to WGUL-FM, Inc. in the amount of $10,000 for the willful and continuous violation of Sections 11.52(d), 11.61(a), 73.1590(a)(6), and 73.3526(c) of the Rules. 4. WGUL-FM, Inc. filed a Request for Remission or Reduction of Forfeiture. The Compliance and Information Bureau issued a Forfeiture Order for three of the violations and ruled that the forfeiture attributable to the Section 73.1590(a)(6) violation for equipment performance measurements should be eliminated. Therefore, the Forfeiture Order reduced the forfeiture amount to $7,000
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000948.doc
  • 2. Following receipt of a complaint from Robert King, a former employee of Bay, the resident agent of the Commission's Portland Field Office conducted an inspection of the captioned stations. The inspection disclosed numerous violations of the rules, including: those noted above; failure to make appropriate entries in station records concerning EAS required weekly and monthly tests (47 C.F.R. § 11.61(b)); reliance on an inoperable telephone dial-up remote control for KHSN(AM) (47 C.F.R. § 73.1350(c)); and failure to post antenna registration numbers at the towers for KACW(FM) and KBBR(AM) (47 C.F.R. § 17.4). Following issuance of a Notice of Violation (``NOV'') on April 21, 1999, and review of the licensee's response, the Portland Field Office, on August 24, 1999, issued a
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000520.doc
  • Rama Communications, Orlando, FL Tampa, FL Office (2/11/00). Allegheny College, WARC, Meadville, PA. Buffalo, NY Office (2/22/00). Asociacion PR del Este de los Adventistas del Septimo Dia. NOV also issued for violations under 47 C.F.R. Part 11. San Juan, PR Office (2/24/00). Dora A. Cruz, licensee of Station WAUC(AM), Wauchula, FL. NOV also issued for violation of 47 C.F.R. §§ 11.61(a)(1) and 11.35(a) (EAS rules). Tampa, FL Office (2/29/00). 47 C.F.R. § 76.605(a)(12) (cable signal leakage) Time Warner Communications, Brooksville, FL. Tampa, FL Office (1/11/00). Time Warner Communications, Orlando, FL. Tampa, FL Office (2/1/00). Time Warner Communications, Maitland, FL. Tampa, FL Office (2/1/00). AT&T Cable Services, Woodhaven, MI. Detroit, MI Office (2/4/00). Comcast Cablevision of Taylor, Taylor, MI. Detroit, MI Office
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000813.doc
  • NY. New York, NY Office (3/27/00). Unidos Para Cristo Communications Ministry, Corona, NY. New York, NY Office (3/27/00). Apollo Transportation, Inc., Yonkers, NY. New York, NY Office (3/31/00). 47 C.F.R. Part 11 (Emergency Alert 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
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da000996.doc
  • Alert System Rules) 47 C.F.R. § 11.35 (Equipment Operational Readiness) Booth-Newsome Broadcasting, Inc., WKTE. Issued $20,000 NAL. NAL also issued for apparent violation of 47 C.F.R. §§ 73.1590(a)(6) and (b) and 73.3526(a)(2). Norfolk, VA Office (4/17/00). Pride Radio Licensee, Inc., licensee of Radio Station WLLI-FM, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. § 11.61(a)(1)(v) and (a)(2)(ii)(A). Chicago, IL Office (4/19/00). Pride Radio Licensee, Inc., licensee of Radio Station WJTW, Joliet, IL. Issued $4,000 NAL. NAL also issued for apparent violation of 47 C.F.R. § 11.61(a)(1)(v) and 11.61(a)(2)(ii)(A). Chicago, IL Office (4/19/00). Pride Radio Licensee, Inc., licensee of Radio Station WJOL, Joliet, IL. Issued $4,000 NAL . NAL also issued for apparent violation of 47
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001311.doc
  • F (Wireless Telecommunications Services Applications and Proceedings) 47 C.F.R. § 1.5 (Mailing Address Furnished By Licensee) Huago Broadcasting, 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,
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
  • Media Communications, Inc., Atmore, AL. Atlanta, GA District Office (6/23/00). 47 C.F.R. § 1.903 - Authorization Required Yellow Cab Company of Northern Orange County, Inc., Anaheim, CA. Los Angeles, CA District Office (6/22/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Comcast Cablevision of Philadelphia, Philadelphia, PA. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (6/6/00). Comcast Cablevision of Philadelphia, Philadelphia, PA. Other violations: 47 C.F.R. § 11.61 (Tests of EAS Procedures). Philadelphia, PA District Office (6/6/00). Cable TV of Greater San Juan, San Juan, PR. Other violation: 47 C.F.R. § 11.61 (Tests of EAS Procedures). San Juan, PR Resident Agent Office (6/15/00). Chancellor Media Corp., WWDC-FM,
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001850.doc
  • Requirements). Columbia, MD District Office (7/25/00). California Car Service, Inc., WPJR-974, Brooklyn, NY. Other violation: 47 C.F.R § 90.403(General Operating Requirements). New York, NY District Office (7/31/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Garden City Broadcasters, 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
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002136.doc
  • 47 C.F.R. §§ 90.233 (Base/Mobile Non-Voice Operations) and 90.403 (General Operating Requirements). Atlanta, GA District Office (8/29/00). 47 C.F.R. Part 11 - Emergency Alert System 47 C.F.R. § 11.15 - EAS Operating Handbook Cherokee Broadcasting Company, Inc. Other violations: 47 C.F.R. §§ 11.32 (EAS Encoder), 11.33 (EAS Decoder), 11.35 (Equipment Operational Readiness), 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.61 (Tests of EAS Procedures), 17.4 (Antenna Structure Registration), 17.50 (Cleaning and Repainting), and 73.1230 (Posting of Station License). Norfolk, VA Resident Agent Office (8/01/00). AT&T Broadband, Des Moines, IA. Other violations: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Monitoring Requirements), 11.54 (EAS Operation During National Level Emergency) and 11.61 (Tests of EAS Procedures). Kansas City, MO District Office
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da002408.doc
  • Performance Measurements) 73.1820(Station Log), and 73.3526 (Local Public Inspection File of Commercial Stations). Atlanta, GA District Office (9/7/00). Tele Media Co. of Vermont, L.L.C., WKVT, Brattleboro, VT. Other violation: 47 C.F.R. § 11.35 (Equipment Operations Readiness). Boston, MA District Office (9/8/00). Cumulus Broadcasting, Inc., Washington, DC. Tampa, FL District Office (9/13/00). WCVC, Inc., Tallahassee, FL. Other violations: 47 C.F.R. §§ 11.61 (Tests of EAS Procedures) and 17.50 (Cleaning and Repainting). Tampa, FL District Office (9/14/00). Monterey Licenses, L.L.C., Monterey, CA. Other violation: 47 C.F.R. §§ 11.52 (EAS Code and Attention Signal Transmission Requirements) and 11.61 (Tests of EAS Procedues). Tampa, FL District Office (9/15/00). Word of Victory Outreach Center Inc.(KLUH), Poplar Bluff, MO. Other violations: 47 C.F.R. §§ 11.52 (EAS Code
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • 11.31. * * * * * * * * 4. Section 11.53 is amended to read as follows: §11.53 Dissemination of Emergency Action Notification. (a) * * * (1) * * * (2) * * * (3) Wire services to all subscribers (AM, FM, low power FM (LPFM), TV, LPTV and other stations.) * * * * * 5. Section 11.61 is amended to read as follows: §11.61 Tests of EAS procedures. (a)(1)(i) * * * (a)(1)(v) * * * Class D non-commercial educational FM, LPFM and LPTV stations are required to transmit only the test script. * * * (a)(2) * * * (a)(2)(ii)(E)(iii) Class D non-commercial educational FM, LPFM and LPTV stations are not required to transmit this test
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • originator of the alert message. Id. at ¶ 2, n. 4. National level EAS messages and EAS tests must be forwarded to the public upon receipt. EAS participants transmit state and local messages on a voluntary basis. Id. at ¶ 2. Specifically, EAS equipment must be able to perform the functions described in sections 11.31, 11.32, 11.33, 11.51, 11.52, and 11.61 of our rules. Class D noncommercial educational FM and LPTV stations are not required to install or operate encoders as defined in section 11.32, to have equipment capable of generating the EAS codes and Attention Signal specified in section 11.31, or to perform certain parts of EAS tests. Accordingly, we amend section 11.11(b) to provide that LPFM stations, as defined
• http://www.fcc.gov/Bureaus/OMD/Orders/da000755.doc
  • the State or Local Area EAS must discontinue normal programming and follow the procedures in the State and Local area plans. Television stations must comply with § 11.54(b)(6) and cable systems and wireless cable systems must comply with § 11.54(b)(7). Broadcast stations providing foreign language programming shall comply with § 11.54(b)(8) of this part. * * * * * Section 11.61 is amended by removing paragraph (a)(2)(i), redesignating paragraphs (a)(2)(ii) through (a)(2)(v) as (a)(2)(i) through (a)(2)(iv), and revising paragraph (a)(6) to read as follows: § 11.61 Tests of EAS procedures. (a) * * * (6) EAS activations and special tests. The EAS may be activated for emergencies or special tests at the State or Local Area level by a broadcast station,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000755.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000755.txt
  • the State or Local Area EAS must discontinue normal programming and follow the procedures in the State and Local area plans. Television stations must comply with § 11.54(b)(6) and cable systems and wireless cable systems must comply with § 11.54(b)(7). Broadcast stations providing foreign language programming shall comply with § 11.54(b)(8) of this part. * * * * * Section 11.61 is amended by removing paragraph (a)(2)(i), redesignating paragraphs (a)(2)(ii) through (a)(2)(v) as (a)(2)(i) through (a)(2)(iv), and revising paragraph (a)(6) to read as follows: § 11.61 Tests of EAS procedures. (a) * * * (6) EAS activations and special tests. The EAS may be activated for emergencies or special tests at the State or Local Area level by a broadcast station,
• http://www.fcc.gov/Bureaus/Wireline_Competition/Orders/2002/fcc02118.pdf
  • ­ DS3 99.25 NA 53.08 NA PR-2-18-2200 Average Interval Completed ­ Disconnects 11.08 6.5 10.33 6.65 PR-4 - Missed Appointments PR-4-01-2200 % Missed Appointment ­ Verizon ­ Total PR-4-01-2210 % Missed Appointment ­ Verizon ­ DS0 2.87 0 10.96 0 3.49 5 2.22 0 4.63 0 PR-4-01-2211 % Missed Appointment ­ Verizon ­ DS1 24.03 6.25 21.86 5.56 14.88 0 11.61 0 15.68 0 d PR-4-01-2213 % Missed Appointment ­ Verizon ­ DS3 80 NA 66.67 NA 57.14 NA 85.71 NA 83.33 NA PR-4-01-2214 % Missed Appointment ­ Verizon ­ Special Other 5.41 0 18.03 0 7.32 0 10.26 0 1.56 0 a,b,c,d PR-4-02-2200 Average Delay Days ­ Total 22.58 7 19.66 146 10.45 16 14.85 NA 10.71 NA a,b,c PR-4-03-2200
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990330.html
  • Internet URL: [10]http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp ADDENDA: The following items, released March 26, 1999, did not appear in Digest No. 58: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WGUL-FM, INC. RADIO STATION WINV INVERNESS, FL. Reduced monetary forfeiture issued on June 1, 1999, to WGUL-FM, Inc., licenseee of AM Station WINV, Inverness, FL, from $10,000 to $7,000 for willful and continuous violation of Sections 11.52(d), 11.61(a), 73.1590(a)(6), and 73.3526(d) of the Rules. Action by Director, Legal Services Group, Compliance and Information Bureau. Adopted: March 24, 1999. by Forfeiture Order. (DA No. 99-588). CIB Internet URL: [11]http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990588.wp [12][icon bar] References 1. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac990330.txt 2. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap990330.txt 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pnmm9034.html 4. http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99055.wp 5. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990596.wp 6. http://www.fcc.gov/Bureaus/Wireless/Orders/1999/da990589.wp 7. http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9004.wp 8. http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9005.wp 9. http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/1999/pnmc9024.wp 10. http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp 11. http://www.fcc.gov/Bureaus/Compliance/Orders/1999/da990588.wp 12. http://www.fcc.gov/fcc-bin/htimage/pub/www/pub/opa.map
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000421.html
  • by Chief, Network Services Division, Common Carrier Bureau. Adopted: April 20, 2000. by Order. (DA No. 00-902). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000902.doc WGUL-FM, INC., RADIO STATION WINV(AM), INVERNESS, FL. Affirmed the imposition of a $7,000 forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended and Section 1.80 of the Commission's Rules for willful violation of Sections 11.52(d), 11.61(a), and Section 73.3526(c) of the Rules. Action by Chief, Enforcement Bureau. Adopted: April 19, 2000. by MO&O. (DA No. 00-897). ENF Internet URL: [12]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000897.doc NORFOLK, VIRGINIA. Proposed amending TV Table by substitution of DTV Channel 40 for DTV Channel 58. Comments Due: June 12, 2000, Reply Comments Due: June 27, 2000. Dkt No.: MM-00-68. Action by Chief, Video Services Division.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020801.html
  • willful violation of Sections 74.780, 73,3538(a)(1), and 73.3538(a)(4) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/30/2002 by Forfeiture Order. (DA No. 02-1844). EB [43]DA-02-1844A1.doc [44]DA-02-1844A1.pdf [45]DA-02-1844A1.txt NEW WAVE BROADCASTING, L.P. Issued a monetary forfeiture in the amount of $2,000 to New Wave Broadcasting, L.P., licensee of Station KPOI-FM, Honolulu, Hawaii, for willful and repeated violation of Section 11.61(a)(1)(v) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/29/2002 by Forfeiture Order. (DA No. 02-1836). EB [46]DA-02-1836A1.doc [47]DA-02-1836A1.pdf [48]DA-02-1836A1.txt APPLICATION BY VERIZON FOR AUTHORIZATION TO PROVIDE IN-REGION, INTERLATA SERVICES IN VIRIGINIA. Issued Protective Order in this proceeding. By Protective Order. (Dkt No. 02-214). Action by: Senior Deputy Bureau Chief, Wireline Competition Bureau. Adopted: 08/01/2002 by ORDER. (DA No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031024.html
  • of subscriber's telecommunications carrier. Action by: Acting Deputy Chief, Policy Diuvision, Consumer & Governmental Affairs Bureau. Adopted: 10/21/2003 by ORDER. (DA No. 03-3325). CGB [71]DA-03-3325A1.doc [72]DA-03-3325A1.pdf [73]DA-03-3325A1.txt CHATTERBOX, INC., LICENSEE OF WQXB(FM), GRENADA, MS. Issued a monetary forfeiture in the amount of $2,000 to Chatterbox, Inc., licensee of radio station WQXB(FM), Grenada, MS for willful and repeated violation of Section 11.61 of the Rules for failure to conduct required Emergency Alert System tests. Action by: Chief, Enforcement Bureau. Adopted: 10/22/2003 by Forfeiture Order. (DA No. 03-3339). EB [74]DA-03-3339A1.doc [75]DA-03-3339A1.pdf [76]DA-03-3339A1.txt FM TABLE OF ALLOTMENTS, CAMBRIA, CA. Amended FM Table of Allotments for this community. (Dkt No. 03-182). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 10/22/2003 by R&O. (DA No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040709.html
  • enter into $490,000 Consent Decree concerning company-specific Do-Not-Call requirements and related matters. Adopted a Consent Decree in this proceeding. Action by: the Commission. Adopted: 07/08/2004 by ORDER. (FCC No. 04-169). EB [102]FCC-04-169A1.doc [103]FCC-04-169A1.pdf [104]FCC-04-169A1.txt SUNBELT TELEVISION, INC. Issued a monetary forfeiture in the amount of $2,000 to Sunbelt Television, Inc., licensee of station KHIZ(TV) for violation of Section 11.35(a) and 11.61(a)(1) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 07/07/2004 by Forfeiture Order. (DA No. 04-2043). EB [105]DA-04-2043A1.doc [106]DA-04-2043A1.pdf [107]DA-04-2043A1.txt DANIEL GRANDA. Issued a monetary forfeiture in the amount of $11,000 to Daniel Granda, Amateur radio station licensee for failure to respond to official Commission correspondence and causing intentional interference to Amateur radio communications. Action by: Chief, Enforcement Bureau.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd041021.html
  • Inc. for violations involving Paladen's sale of Citizens Band external radio frequency power amplifiers. Action by: Assistant Chief, Enforcement Bureau. Adopted: 10/19/2004 by Forfeiture Order. (DA No. 04-3318). EB [15]DA-04-3318A1.doc [16]DA-04-3318A1.pdf [17]DA-04-3318A1.txt BIG ISLAND RADIO. Issued a monetary forfeiture in the amount of $1,300 to Big Island Radio for its repeated violations of the ("EAS") requirements of Sections 11.35(a) and 11.61 of the Commission's Rules. Action by: Assistant Chief, Enforcement Bureau. Adopted: 10/18/2004 by Forfeiture Order. (DA No. 04-3286). EB [18]DA-04-3286A1.doc [19]DA-04-3286A1.pdf [20]DA-04-3286A1.txt VIACOM INTERNATIONAL, INC. Adopted the Consent Decree and terminated investigation of whether CoxCom, Inc. aired commercial matters during children's programming in willful and/or repeated violation of Section 76.225 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted:
• http://www.fcc.gov/cgb/dro/comments/99339/6512058720.doc
  • November 2000. James Gashel Director of Governmental Affairs National Federation of the Blind 1800 Johnson Street Baltimore, MD 21230 _________________ Gretchen M. Lohmann Implementation of Video Description of Video Programmimg, MM Docket No. 99-339 (Aug. 7, 2000) at ¶49 (hereinafter ``Report and Order''). Cable operators already must make emergency alerting system information available in an aural format. See 47 C.F.R. §11.61 (as of October 1, 2002, all cable systems with 5,000 or more subscribers must provide the national audio and video EAS message on all programmed channels). Report and Order at ¶38. The FCC also expected that advertisers would ``have a commercial incentive to provide contact information aurally.'' Id. NFB urges that information printed on the bottom of a television screen,
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237602A1.html
  • the U.S. Postal service indicating delivery of the NOV on August 12, 2000. No reply to the NOV was received from the licensee to that NOV as of the date of release of this Notice. III. DISCUSSION 5. Section 11.35(a) states that ``...broadcast stations must determine the cause of any failure to receive the required tests or activation's specified in 11.61(a)(1) and (2). Appropriate entries must be made in the broadcast station log...indicating reasons why any tests were not received.''2 At the time of the inspection on August 4, 2000, the KIRL station logs for the period of July 16 - August 3 documented receipt of EAS tests from only the National Weather Service. The logs did not contain the reasons
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237610A1.html
  • the Federal Communications Commission's ( Commission) Enforcement Bureau, Tampa District Office, conducted field strength measurements and monitored broadcast times of radio station WKLN, 1170 kHz, St. Augustine, Florida. On May 4, 1999, agents inspected radio station WKLN. The monitoring and inspection revealed several violations of the Commission's Rules, including violations of 47 C.F.R. Sections 73.99(d)(1), 73.99(e), 73.1560(a)(1), 73.1350(c)(1), 73.1840(a), and 11.61(a)(1)(i) and (2)(ii)(A). On June 3, 1999, an Official Notice of Violation, (NOV), was issued to Betty's Communications Companies, Inc., by the Tampa District Office1. 4. On June 18, 1999, the Tampa District Office received a written response to the NOV from Mr. Harold Osborne, General Manager of radio station WKLN, St. Augustine, Florida. In his reply to the NOV, Mr.
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237639A1.html
  • this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Arnold Broadcasting Company, Inc., ("Arnold Broadcasting") licensee of FM broadcast station KNEC, in Yuma, Colorado, has apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended ("Act"), by operating an unlicensed aural broadcast auxiliary station without Commission authorization, and willfully and repeatedly violated Section 11.61 of the Commission's Rules ("Rules")1, by failing to receive and transmit required weekly and monthly Emergency Alert System ("``EAS"'') tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended,2 that Arnold Broadcasting is apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000). II. BACKGROUND 2. On June 13, 2002, a Denver
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237652A1.html
  • OF APPARENT LIABILITY FOR FORFEITURE Released: November 29, 2002 By the District Director, San Diego Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that HBC License Corporation (``HBC''), licensee of FM Broadcast stations KHOT-FM, Paradise Valley, Arizona and KHOV-FM, Wickenburg, Arizona, has apparently willfully and repeatedly violated Sections 11.35(a), 11.35(c) and 11.61 of the Commission's Rules by failing to maintain operational Emergency Alert System ("EAS") encoder and decoder equipment and by failing to conduct and log required EAS tests.1 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that HBC is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. BACKGROUND
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237658A1.html
  • and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJOL, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background 2. On December 21, 1999, an agent from the Commission's
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237659A1.html
  • letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WBVS, Coal City, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background 2. On December 21, 1999, an agent from the Commission's
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237680A1.html
  • and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WLLI-FM, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background 2. On December 21, 1999, an agent from the Commission's
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237681A1.html
  • and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Microsoft Word or Adobe Acrobat version. ***************************************************************** I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Pride Radio Licensee, Inc. (``Pride Radio''), licensee of WJTW, Joliet, Illinois, has apparently violated Sections 11.35(a), 11.61(a)(1)(v), and 11.61(a)(2)(ii)(A) of the Commission's Rules (the ``Rules'').1 The violations include failure to have operational Emergency Alert System (``EAS'') equipment and failure to conduct and log required EAS tests. We conclude that Pride Radio is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background 2. On December 21, 1999, an agent from the Commission's
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237733A1.html
  • APPARENT LIABILITY FOR FORFEITURE Released: December 9, 2002 By the Enforcement Bureau, Tampa Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Radio Station WWAB, Inc., licensee of AM radio station WWAB, Lakeland, Florida, apparently liable for a forfeiture in the amount of two thousand dollars ($2,000) for repeated and willful violation of Sections 11.61(a)(1) and 11.61(a)(2)(i)(A) of the Commission's Rules (``Rules'').1 Specifically, we find Radio Station WWAB, Inc. apparently liable for failing to conduct weekly and monthly tests of the Emergency Alert System (``EAS''). II. BACKGROUND 2. On September 10, 2002, agents from the FCC Enforcement Bureau's Tampa Field Office inspected station WWAB (AM) in Lakeland, Florida. The broadcast station log contained no entries
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237762A1.html
  • FOR FORFEITURE Released: October 3, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Wilkins Communications Network, Inc., licensee of AM radio station KLNG, Council Bluffs, Iowa, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful violation of Sections 11.61(a) and 73.3526(e)(6) of the Commission's Rules (``Rules'').1 Specifically, we find Wilkins Communications Network, Inc. apparently liable for failing to transmit EAS tests and for failing to maintain the most recent requests for political time in the public file. II. BACKGROUND 2. On August 15, 2002, an agent from the FCC Enforcement Bureau's Kansas City Field Office inspected radio station KLNG,
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237765A1.html
  • Released: December 12, 2002 By the Enforcement Bureau, Kansas City Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find Petracom of Joplin, L.L.C. (``Petracom''), licensee of FM radio station KCAR-FM, Galena, Kansas, apparently liable for a forfeiture in the amount of three thousand five hundred dollars ($3,500) for willful and repeated violation of Sections 11.61(a)(2)(i)(A) and 73.3526(a)(2) of the Commission's Rules (``Rules'').1 Specifically, we find Petracom apparently liable for failing to conduct weekly tests of the Emergency Alert System (``EAS''), and failing to maintain all required material in the station's public inspection file. II. BACKGROUND 2. On November 7, 2002, an agent of the Commission's Kansas City Office inspected the EAS installation and public file
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237833A1.html
  • New York City Corporation ) NAL/Acct. No. 200332380008 ) Bethpage, NY ) FRN: 0004-5055-66 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: December 30, 2002 By the District Director, New York Office, Enforcement Bureau: I. INTRODUCTION I.1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Cablevision Systems of New York City Corporation (``Cablevision'') has apparently violated Sections 11.61(a)(1)(iii) and 11.61(b) of the Commission's Rules (the ``Rules''),1 by failing to conduct required monthly tests of the Emergency Alert System (``EAS'') and failing to maintain station records of required weekly and monthly EAS tests received. We conclude that Cablevision is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. BACKGROUND I.2. On September 17, 2002,
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237875A1.html
  • NAL/Acct. No. 200232900006 Facility ID # 51169 ) FRN 0003-7476-31 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 30, 2002 By the District Director, Los Angeles Office, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Pacific Broadcasting Company (``Pacific''), licensee of station KDB, Santa Barbara, California, apparently willfully violated Section 11.61 of the Commission's Rules ("Rules")1 by failing to monitor either of the Local Primary stations (``LP1'' and ``LP2'') designated in the Emergency Alert System ("EAS") Local Area Plan for Santa Barbara County, and failing to receive and retransmit required weekly and monthly EAS tests. We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237878A1.html
  • San Diego Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find Navajo Broadcasting Company, Inc. (Navajo Broadcasting), licensee of radio stations KDJI (AM) and KZUA (FM) at Holbrook, Arizona, has apparently violated Section 503(b) of the Communications Act of 1934,1 as amended (``Act''), and has apparently willfully and repeatedly violated Section 11.35(a) and Section 11.61 of the Commission's Rules and Regulations (``Rules'')2 by failing to ensure that Emergency Alert System (EAS) equipment was installed and operating, and by failing to receive or retransmit weekly and monthly EAS tests at stations KDJI(AM) and KZUA(FM). We conclude that Navajo Broadcasting Company, Inc., is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II.
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237879A1.html
  • C.F.R. 90.175. 8 47 C.F.R. 1.929(c)(4)(v). 9 47 C.F.R. 90.159 10 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 11 47 U.S.C. 503(b)(2)(D). 12 47 C.F.R. 1.80(b)(4). 13 47 C.F.R. 0.111, 0.311, 1.80. 14 47 C.F.R. 11.35(a) and 11.61. 15 47 C.F.R. 1.1914. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237879A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-237879A1.doc
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237880A1.html
  • 0003-7774-06 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: July 31, 2002 By the Enforcement Bureau: San Diego Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Blue Skies Broadcasting Corp. (``Blue Skies''), the licensee of Class A Television Broadcast (``Class A'') station KSKT-CA in San Marcos, California, apparently willfully violated Sections 11.35(a), 11.61 and 73.1125(c) of the Commission's Rules and Regulations (``Rules''),1 by failing to ensure that required Emergency Alert System (``EAS'') equipment was operational and failing to establish a main studio at a location within the station's predicted Grade B contour (as outlined in Section 73.683 of the Rules).2 We conclude, pursuant to Section 503(b) of the Communications Act of 1934,3 as
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237889A1.html
  • 14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by regular mail and Certified Mail Return Receipt Requested to Small Town Radio, Inc., 12600 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004. FEDERAL COMMUNICATIONS COMMISSION Fred L. Broce Atlanta Office, Enforcement Bureau Attachment _________________________ 1 47 C.F.R. 73.49 and 11.35(a). 2 See 47 C.F.R. 11.35 and 11.61. 3 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 to violate any provision
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237904A1.html
  • OF APPARENT LIABILITY FOR FORFEITURE Released: August 28, 2002 By the District Director, Seattle Office, Enforcement Bureau: I. INTRODUCTION 1.In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Jean J. Suh, d/b/a Radio Hankook, (``Suh''), licensee of sStations KSUH (AM), in Puyallup, WashingtonA and station KWYZ (AM) in, Everett WashingtonA., has apparently willfully violated the Sections 11.35(a), 11.61, 17.4(g) and 17.50 of the following Sections of the Federal Communications Commission's ("FCC") Rules by : failing 11.35(a) (Failure to have operational Emergency Alert System ("EAS") equipment), failing to conduct required weekly and monthly EAS tests, failing to ; 17.4(g) (Failure to post the Antenna Structure Registration (``ASR'') number in a conspicuous location so that it is visible near the
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237919A1.html
  • agents could not easily distinguish between white and red painted sections of the structure. The condition of the paint reduced the visibility of the tower. The agents further determined that the antenna structure was not registered with the Commission. 6. On July 17, 2002, the Columbia Office issued a Notice of Violation to Grass Roots for violation of Sections 11.52(d), 11.61(d), 17.4(a)(2), 17.50, 73.1125(a), 73.1225(d)(1), 73.1545(a), 73.1560(b), 73.1590(b), 73.3526(b) and 73.3526(e)(12) of the Rules2. In response by letter dated August 5, 2002, Grass Roots stated that the antenna registration issue had been brought to its attention by an FCC inspector in December 2001 and that an FAA study, required before the structure can be registered, commenced on June 20, 2002. Grass
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237965A1.html
  • Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that First National Broadcasting Corporation ("First National"), licensee of AM broadcast stations KXOL and KSOS, licensed to serve Brigham City, Utah, apparently willfully violated Section 73.1125 of the Commission's Rules ("Rules") by failing to maintain a main studio, and apparently willfully and repeatedly violated Sections 11.61 and 73.1820 of the Commission's Rules by failing to conduct and log required Emergency Alert System ("EAS") tests.1 We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended ("Act"),2 that First National is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000). II. BACKGROUND 2. On August 13, 2001, FCC Agents from
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237968A1.html
  • 200232860001 Honolulu, Hawaii 96815 ) FRN # 0005-3920-22 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 16, 2002 By the Enforcement Bureau: Honolulu Resident Agent Office I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that New Wave Broadcasting, L.P., (``New Wave''), licensee of station KPOI-FM, Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 11.61(a)(1)(v) of the Commission's Rules,1 by failing to retransmit the Emergency Alert System (``EAS'') Required Monthly Test (``RMT''). We conclude, pursuant to Section 503(b) of the Communications Act, as amended (``Act''),2 that New Wave is apparently liable for a forfeiture in the amount of two thousand dollars ($2,000). II. BACKGROUND 2. On June 1, 2001, an Agent of the FCC's Honolulu
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237970A1.html
  • 200232860003 Honolulu, Hawaii ) FRN 0004-0750-57 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: September 27, 2002 By the Enforcement Bureau, Honolulu Resident Agent Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ho'ona'auao Community Television, Inc., (``Ho'ona'auao''), licensee of television broadcast station KWBN in Honolulu, Hawaii, has apparently willfully and repeatedly violated Section 11.61(a)(1)(v) of the FCC Rules and Regulations (``Rules''),1 by failing to retransmit the Emergency Alert System (``EAS'') required monthly test (``RMT''). We conclude, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''),2 that Ho'ona'auao is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. BACKGROUND 2. On July 1, 2002, Agent Raymond
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238011A1.html
  • Simes II & Raymond Simes, P.O. Box 2870, West Helena, Arkansas, 72390. FEDERAL COMMUNICATIONS COMMISSION James C. Hawkins District Director, New Orleans Office Enforcement Bureau _________________________ 1 47 C.F.R. 11.35(a), 17.4(a), and 73.1350(a). 2 EAS activations and tests, failures to receive such tests, and EAS equipment malfunctions must be recorded in the station log. See 47 C.F.R. 11.35(a)-(b), 11.55(c)(7) and 11.61(b). 3 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 to violate any provision
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-238025A1.html
  • WAXJ, and WDHP ) ) FRN 0004-3596-18 Christiansted, U.S. Virgin ) Islands NOTICE OF APPARENT LIABILITY FOR FORFEITURE Released: May 18, 2002 By the Enforcement Bureau, San Juan Office: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture, we find that Reef Broadcasting, Inc. (``Reef