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Way Media, Inc., Portland, OR

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Released: October 31, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Way Media, Inc.
) File No.: EB-FIELDWR-13-00011895
)
Licensee of Station K272EL
) NOV No.: V201432920006
)
Portland, Oregon
) Facility ID: 149924

NOTICE OF VIOLATION

Released: October 31, 2013

By the Resident Agent, Portland Resident Agent Office, Western 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 Way Media, Inc. (Way Media), licensee of FM translator station K272EL
serving Portland, Oregon. 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 October 29, 2013, agents of the Enforcement Bureau’s Portland Resident Agent
Office inspected FM translator K272EL located in Portland, Oregon, and observed the following
violation:
a.
47 C.F.R. § 74.1265(b): “The call sign of the translator or booster together
with the name, address, and telephone number of the licensee if the licensee
does not reside in the community served by the translator or booster, and the
name and address of a person and place where station records are maintained,
shall be displayed at the translator or booster site on the structure supporting
the transmitting antenna, so as to be visible to a person standing on the
ground at the transmitter site. The display shall be prepared so as to
withstand normal weathering for reasonable period of time and shall be
maintained in a legible condition by the licensee.” During the inspection
conducted on October 29, 2013, the agents observed that there was no
signage posted on the structure supporting the antenna.

1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

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 violations and any remedial
actions taken. Therefore, Way Media, must submit a written statement concerning this matter within
twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s)
taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion
of any pending corrective action(s). The response must be complete in itself and must not be abbreviated
by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Rules, we direct Way Media to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of Way Media with personal knowledge of the representations provided in Way
Media’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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6.
This Notice shall be sent to Way Media, Inc. at its address of record.

3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.”
47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau

7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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