Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Rodgson, Inc. ) File No. EB-09-AT-0038

   Licensee of Radio Station WSDQ (AM) )

   Facility ID # 67280 ) NOV No. V201032480001

   Dunlap, Tennessee )

   )

   )

                              NOTICE OF VIOLATION

   Released: January 20, 2010

   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 to Rodgson, Inc., licensee of WSDQ (AM)
       in Dunlap, Tennessee.

    2. On August 19, 2009, agents of the Commission's Atlanta Office of the
       Enforcement Bureau inspected the main studio of station WSDQ (AM) 
       located in Dunlap, Tennessee, and observed the following violation(s):

     a. 47 C.F.R. S: 11.15: "A copy of the Handbook must be located at normal
        duty positions or EAS equipment locations when an operator is
        required to be on duty." There was no EAS Handbook present at the
        station.

     b. 47 C.F.R. S: 73.51(a), (d), and (e)(2): "Except in those
        circumstances described in paragraph (d) of this section, the
        operating power shall be determined by the direct method...When it is
        not possible or appropriate to use the direct method of power
        determination due to technical reasons, the indirect method of
        determining operating power...may be used on a temporary basis. A
        notation must be made in the station log indicating the dates of
        commencement and termination of measurement using the indirect method
        of power determination...and [t]he value of F applicable to each mode
        of operation must be determined and a record kept thereof with a
        notation as to its derivation...and retained in the station records."
        The licensee was not determining the station's operating power by the
        direct method, and had been determining power indirectly for over a
        year. There was no recorded value of "F" (efficiency factor)
        available at the station and no logs indicating when the station
        commenced determination of operating power by the indirect method.

     c. 47 C.F.R. S: 73.1226: "The following shall be made available to any
        authorized representative of the FCC upon request: Station records or
        logs." There was no evidence of any station logs (no EAS or any
        operating logs) at the main studio.

     d. 47 C.F.R. S: 73.1870(a): "The licensee of each AM...broadcast station
        must designate a person to serve as the station's chief operator."
        There was no written designation of chief operator posted at the
        station.

     e. 47 C.F.R. S: 73.1745(a): "No broadcast station shall operate at
        times, or with modes or power, other than those specified and made a
        part of the license..." On the evening of August 18, 2009, the
        station did not reduce power at critical hours and remained on the
        air with daytime power levels during nighttime hours for over
        forty-five minutes.

     f. 47 C.F.R. S: 73.1560(a): "[T]he antenna input power of an AM
        station...must be maintained as near as practicable to the authorized
        antenna input power and may not be less than 90% nor more than 105%
        of the authorized power." During daytime hours, the station was being
        operated between 55% and 65% of the authorized power.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Rodgson, 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

   Atlanta Office

   3575 Koger Blvd, Suite 320

   Duluth, GA 30096

    4. This Notice shall be sent to Rodgson, Inc.  at its' address of record.

    5. 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. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas G. Miller

   District Director

   Atlanta District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

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

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission

   3

                       Federal Communications Commission