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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
A Radio Company, Inc. ) File No. EB-05-
SJ-025
Licensee of Radio Station WEGA )
Facility ID # 69853 ) NOV No.
V20063268001
Vega Baja, PR 00694 )
)
NOTICE OF VIOLATION
Released: October 25, 2005
By the Resident Agent, San Juan Office, South Central
Region, Enforcement Bureau:
1. This is a Notice of Violation (``Notice'') issued
pursuant to Section 1.89 of the Commission's Rules1 to
A Radio Company, Inc., licensee of radio station WEGA,
Vega Baja, Puerto Rico.
2. On August 25, 2005, in response to a complaint, an
agent of the Commission's San Juan Office of the
Enforcement Bureau inspected the main studio for AM
station WEGA and observed the following violations:
2.a. 47 C.F.R. § 11.35(a): ``Broadcast stations
and cable systems and wireless cable
systems 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.''
During the inspection the operator had no
knowledge on how to activate the Emergency
Alert System (``EAS'') equipment. The
equipment was improperly installed, so the
transmitting function was not operational.
2.b. Section 73.1870(a) ``The licensee of each
AM, FM, TV or Class A TV broadcast station
must designate a person to serve as the
station's chief operator.''
A copy of the designation letter was not posted
at the station with the station license.
3. Pursuant to Section 308(b) of the Communications
Act of 1934, as amended,2 and Section 1.89 of the
Commission's Rules, A Radio Company, Inc. must submit a
written statement concerning this matter within twenty
(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. 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
San Juan Office
762 Federal Building
Hato Rey, PR 00918
4. This Notice shall be sent to A Radio Company, Inc.
at its address of record.
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 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
William Berry
Resident Agent
San Juan District Office
South Central Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.