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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Friends Communications of MI, Inc. ) File No. EB-04-
DT-058
Licensee of Radio Station WQTE )
Facility ID #22649 ) NOV No.
V20043236013
Adrian, Michigan )
NOTICE OF VIOLATION
Released: March 2,
2004
By the District Director, Detroit Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Friends
Communications of MI, Inc., licensee of radio station WQTE.
2. On February 5, 2004, an agent of the Commission's
Detroit Office inspected radio station WQTE, licensed to Adrian,
Michigan, and observed the following violations:
a. 47 C.F.R. § 11.35(a): ``Equipment
operational readiness... Broadcast stations...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. 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
January 31, 2004.
b. 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
September 7, 2003 to January 31, 2004, there were
missing EAS send tests.
c. 47 C.F.R. § 73.1820(a)(1)(iii): ``Station
Log. Entries must be made in the station log...An
entry of each test and activation of the Emergency
Alert System (EAS)...'' During the period September 7,
2003 to January 31, 2004, there were missing EAS
receive tests.
d. 47 C.F.R. § 73.1870(c)(3): ``Chief
operators...The chief operator is responsible for
completion of the following duties specified in this
paragraph below. When the duties are delegated to
other persons, the chief operator shall maintain
supervisory oversight sufficient to know that each
requirement has been fulfilled in a timely and correct
manner...Review of the station records at least once
each week to determine if required entries are being
made correctly...Upon completion of the review, the
chief operator or his designee must date and sign the
log, initiate any corrective action which may be
necessary, and advise the station licensee of any
condition which is repetitive...'' During the period
September 7, 2003 to January 31, 2004, there was no
review of the station logs by the chief operator.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the Commission's
Rules, Friends Communications of MI, Inc., must submit a written
statement concerning this matter within 20 days of release of
this Notice. The response must fully explain each violation,
must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should
include a time line for completion of pending corrective
action(s). The response must be complete in itself and signed by
a principal or officer of the licensee with personal knowledge of
the matter. 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
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335-1552
4. This Notice shall be sent to Friends Communications of
MI, Inc., 121 West Maumee Street, Adrian, Michigan 49221, and a
copy to Bob Elliott, Owner, Radio Station WQTE, 110 Scarborough
Court, Marietta, GA 30067.
5. The Privacy Act of 19743 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
your compliance. Any false statement made knowingly and
willfully in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.4
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Office
JAB:PRB
_________________________
1 47 C.F.R. § 1.89
2 47 U.S.C. 308(b)
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3)
4 18 U.S.C. § 1001 et seq