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Entercom Milwaukee License, LLC, WSSP, Milwaukee, WI

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Released: May 15, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
File No.: EB-FIELDNER-13-00007629
)
Entercom Milwaukee License, LLC
)
NOV No.: V201332320008
Licensee of Radio Station WSSP
)
Milwaukee, Wisconsin
)
Facility ID: 27030

NOTICE OF VIOLATION

Released: May 15, 2013

By the District Director, Chicago Office, Northeast Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to Entercom Milwaukee License, LLC, licensee of AM Station WSSP in
Milwaukee, Wisconsin. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not
preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent
Liability for Forfeiture for the violation noted herein.2
2.
On March 25, 2013, an agent of the Enforcement Bureau’s Chicago Office inspected
Station WSSP’s five towers, which are owned by Entercom Milwaukee License, LLC, and located at
11800 West Grange Avenue, Hales Corners, Wisconsin, and observed the following violation:
47 C.F.R. § 73.49: “Antenna towers having radio frequency potential at the base
(series fed, folded unipole, and insulated base antennas) must be enclosed within
effective locked fences or other enclosures. [. . .] However, individual tower fences
need not be installed if the towers are contained within a protective property fence.”
At the time of inspection, the agent observed that the fence around tower number four
in Station WSSP’s four-tower directional array had one plank that had broken off in
its entirety and a significant portion of a second plank also had broken off. Because
there was no protective property fence, these conditions resulted in unrestricted
access to the tower, which had radio frequency potential at its base.
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Rules, we seek additional information concerning the violation and any remedial
actions taken. Therefore, Entercom Milwaukee License, LLC, must submit a written statement
concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully
explain the violation, including all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308.

Federal Communications Commission

include a time line for completion of any pending corrective action(s). The response must be complete in
itself and must not be abbreviated by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Rules, we direct Entercom Milwaukee License,
LLC, to support its response to this Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Entercom Milwaukee License, LLC, with personal
knowledge of the representations provided in Entercom Milwaukee License, LLC’s, response, verifying
the truth and accuracy of the information therein,5 and confirming that all of the information requested by
this Notice which is in the licensee’s possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.6
5.
All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Chicago Office
1550 North Northwest Highway, Room 306
Park Ridge, IL 60068
6.
This Notice shall be sent to Entercom Milwaukee License, LLC, at its address of record.
7.
The Privacy Act of 19747 requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
James M. Roop
District Director
Chicago District Office
Northeast Region
Enforcement Bureau


4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Commission’s Rules provides that “[a]ny document to be filed with the Federal
Communications Commission and which is required by any law, rule or other regulation of the United States to be
supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath
or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be
subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I
declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)’.” 47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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