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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Union Free School District #1 ) File No. EB-09-NY-0282
Licensee of Radio Station WOSS )
Facility ID # 68811 ) NOV No. V201032380007
Ossining, New York )
)
NOTICE OF VIOLATION
Released: January 22, 2010
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Union Free School District #1
("Union Free"), licensee of radio station WOSS in Ossining, New York.
This Notice may be combined with a further action, if further action
is warranted.
2. On September 29, 2009, an agent of the Enforcement Bureau's New York
Office inspected station WOSS located in Ossining, New York, and
observed the following violations:
a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the
time of inspection, the broadcast station records did not contain
entries documenting the weekly tests received or weekly tests
conducted for the period from July 1, 2009 to September 28, 2009,
with the exception of one entry for a test received on September 21,
2009. Moreover, the station records contained no entries for monthly
tests received or retransmitted for the period between July 1, 2009
and September 28, 2009. The broadcast station records contained no
reasons why tests were not sent or received.
b. 47 C.F.R. S: 73.3527(e)(7): "At all times, a copy of the most recent
version of the manual entitled The Public and Broadcasting." At the
time of inspection, WOSS's public file contained no copy of The
Public and Broadcasting.
c. 47 C.F.R. S: 73.3527(e)(8): "For non-exempt noncommercial educational
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." At the time of inspection,
WOSS's public file did not contain any quarterly issues/programs
lists.
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 regulatees. We also must investigate
violations of other rules that apply to broadcast licensees. Pursuant
to Section 403 of the Communications Act of 1934, as amended, and
Section 1.89 of the Commission's Rules, we seek additional information
concerning the violation(s) and any remedial actions the station may
have taken. Therefore, Union Free 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. In accordance with Section 1.16 of the Commission's Rules, we direct
Union Free to support its response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by an
authorized officer of Union Free with personal knowledge of the
representations provided in Union Free's response, verifying the truth
and accuracy of the information therein, 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.
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
New York Office
201 Varick Street
New York, New York 10014
6. This Notice shall be sent to Union Free at its address of record.
7. The Privacy Act of 1974 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
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
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. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission