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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
6 Johnson Road Licenses, Inc. ) File Nos. EB-10-NY-0278
Licensee of FM Radio Stations WHUD and WSPK ) EB-10-NY-0279
Facility ID #s 54854 and 19630 ) EB-10-NY-0280
Licensee of AM Radio Stations WLNA and WBNR ) EB-10-NY-0281
Facility ID #s 54852 and 19629 )
Latham, New York ) NOV No. V201032380025
)
NOTICE OF VIOLATION
Released: June 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 6 Johnson Road Licenses, Inc.,
licensee of FM radio stations WHUD and WSPK and AM radio stations WLNA
and WBNR in Beacon, New York. This Notice may be combined with a
further action, if further action is warranted.
2. On June 3, 2010, an agent of the Enforcement Bureau's New York Office
inspected the main studios of stations WHUD, WSPK, WLNA and WBNR,
which are co-located at 715 Route 52, Beacon, New York, NY 12508, and
observed the following violation:
47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant records,
as specified in S:S: 11.35(a) and 11.54(b)(13)." At the time of
inspection, the EAS logs for the EAS equipment shared by stations WHUD and
WLNA contained no entries documenting the retransmission of the monthly
test during the month of April 2010. The EAS logs for the EAS equipment
shared by stations WSPK and WBNR contained no entries documenting the
retransmission of the monthly tests during the months of March 2010 and
April 2010. The stations' records contained no reasons why the monthly
tests were not retransmitted.
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. 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, 6 Johnson Road Licenses, Inc. 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 6
Johnson Road Licenses, Inc. to support its response to this Notice
with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of 6 Johnson Road Licenses, Inc. with
personal knowledge of the representations provided in 6 Johnson Road
Licenses, Inc.'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, Suite 1151
New York, NY 10014
6. This Notice shall be sent to 6 Johnson Road Licenses, Inc. 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