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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clarion County Broadcasting Corp. ) File No. EB-08-PA-0270
)
Licensee of Radio Station WKQW ) NOV No. V201032400033
Facility ID # 63290 )
)
Oil City, Pennsylvania )
)
NOTICE OF VIOLATION
Released: March 4, 2010
By the District Director, Philadelphia 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 Clarion County Broadcasting Corp.
("Clarion"), the licensee of AM Radio Station WKQW in Oil City,
Pennsylvania. This Notice may be combined with a further action, if
further action is warranted.
2. On August 12, 2009, an agent of the Commission's Philadelphia Office
inspected radio station WKQW located in Oil City, Pennsylvania, and
observed the following violations:
a. 47 C.F.R. S: 11.52(d): "Broadcast stations and cable systems and
wireless cable systems must monitor two EAS sources. The monitoring
assignments of each broadcast station and cable system and wireless
cable system are specified in the State EAS Plan and FCC Mapbook...."
The agent found that station WKQW was monitoring only one EAS source.
b. 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)." The
agent found that entries were not made in the EAS logs to show
required weekly EAS tests received or conducted for the weeks of
April 13, 2009, May 4, 2009, May 18, 2009, June 1, 2009, June 8,
2009, June 15, 2009, July 13, 2009, and August 2, 2009. Entries were
not made in the EAS logs to show required monthly EAS tests
retransmitted for the months of January, February, March, May, June,
and July of 2009. There were no entries in the station logs
indicating the reason why the required EAS tests were not received.
c. 47 C.F.R. S: 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. At times when the chief operator is
unavailable or unable to act (e.g., vacations, sickness), the
licensee shall designate another person as the acting chief operator
on a temporary basis." At the time of inspection, Clarion had no
person designated as the chief operator for station WKQK.
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, Clarion County Broadcasting Corp 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
Clarion County Broadcasting Corp to support its response to this
Notice with an affidavit or declaration under penalty of perjury,
signed and dated by an authorized officer of Clarion County
Broadcasting Corp with personal knowledge of the representations
provided in Clarion County Broadcasting Corp'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Clarion County Broadcasting Corp 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, further action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia 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
2
Federal Communications Commission