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Partners for Christian Media, Inc., WBDX, Chattanooga, TN

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Released: May 3, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Partners for Christian Media, Inc.
)
File No.: EB-FIELDSCR-13-00008178
Licensee of Station WBDX
)
)
NOV No.: V201332480014
)
Chattanooga, TN 37412
)
Facility ID: 54445

NOTICE OF VIOLATION

Released: May 3, 2013

By the District Director, Atlanta Office, South Central 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 Partners for Christian Media, Inc. (PCMI), licensee of radio station
WBDX in Chattanooga, Tennessee. 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(s) noted herein.2
2.
On April 22, 2013, an agent of the Enforcement Bureau’s Atlanta Office inspected the
main studio for Station WBDX located at 5512 Ringgold Road; Ste 241, Chattanooga, TN, and observed
the following violation(s):
a.
47 C.F.R. § 73.3526(e)(12): “Radio issues/programs lists. For commercial
AM and FM broadcast stations, every three months a list of programs that
have provided the station’s most significant treatment of community issues
during the preceding three month period. The list for each calendar quarter is
to be filed by the tenth day of the succeeding calendar quarter (e.g., January
10 for the quarter October-December, April 10 for the quarter January-
March, etc.). The list shall include a brief narrative describing what issues
were given significant treatment and the programming that provided this
treatment. The description of the programs shall include, but shall not be
limited to, the time, date, duration, and title of each program in which the
issue was treated.” At the time of the inspection, Station WBDX was missing
issues/programs lists for the 3rd and 4th quarters of 2012, and the 1st quarter of
2013.


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

Federal Communications Commission

b.
47 C.F.R. § 11.56: “Obligation to process [Common Alerting Protocol]
CAP-formatted EAS messages. (a) On or by June 30, 2012 EAS participants
must have deployed operational equipment that is capable of the following:
(1) Acquiring EAS alert messages in accordance with the monitoring
requirements in § 11.52(d)(2); (2) Converting EAS alert messages that have
been formatted pursuant to the Organization for the Advancement of
Structured Information Standards (OASIS) Common Alerting Protocol…”
At the time of inspection, the Station's CAP EAS equipment was not
installed properly and could not process CAP-formatted EAS messages.
3.
As the nation’s emergency warning system, the Emergency Alert System is critical to
public safety, and we recognize the vital role that broadcasters play in ensuring its success. The
Commission takes seriously any violations of the Rules implementing the EAS and expects full
compliance from its licensees.
4.
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, PCMI 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
5.
In accordance with Section 1.16 of the Rules, we direct PCMI to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of PCMI with personal knowledge of the representations provided in PCMI’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
6.
All replies and documentation sent in response to this Notice should be marked with the


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

File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Atlanta Office
3575 Koger Blvd; Ste 320
Duluth, GA 30096
7.
This Notice shall be sent to PCMI at its address of record.
8.
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
Douglas Miller
District Director
Atlanta District Office
South Central Region
Enforcement Bureau


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

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