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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
QC Communications, Inc. ) File No. EB-11-PA-0194
Licensee of AM Radio Station WFAI )
Facility ID # 52768 ) NOV No. V201232400027
Salem, New Jersey )
)
)
NOTICE OF VIOLATION
Released: January 27, 2012
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 QC Communications, Inc., licensee of
AM Station WFAI in Salem, New Jersey.
2. On October 26, 2011, and October 28, 2011, agents of the Commission's
Philadelphia Office inspected Station WFAI located in Salem, New
Jersey and observed the following violations:
a. 47 C.F.R. S: 73.3526(e)(12): "Radio issues/programs lists. For
commercial AM and FM 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. The list
for each calendar quarter is to be filed by the tenth day of the
succeeding calendar quarter (e.g., January 10 for the quarter
October-December, April 10 for the quarter January-March, etc.). The
list shall include a brief narrative describing what issues were
given significant treatment and the programming that provided this
treatment. The description of the programs shall include, but shall
not be limited to, the time, date, duration, and title of each
program in which the issue was treated." At the time of inspection,
the WFAI public inspection file was missing the radio issues/programs
lists for the 4th Quarter 2009 and 4th Quarter of 2010.
b. 47 C.F.R. S: 73.1590(d): "Equipment Performance Measurements - The
data required by paragraphs (b) and (c) of this section, together
with a description of the equipment and procedures used in making the
measurements, signed and dated by the qualified person(s) making the
measurements, must be kept on file at the transmitter or remote
control point for a period of 2 years, and on request must be made
available during that time to duly authorized representatives of the
FCC." The latest equipment performance measurements for Station WFAI
were not available at the time of the inspection.
c. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
any failure to receive the required tests or activations specified in
Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
reasons why any tests were not received or sent must be made in the
broadcast station log as specified in Sections 73.1820 and 73.1840 of
this chapter for all broadcast streams . . . . " At the time of the
inspection, the agent found that there were no entries in the station
logs indicating why tests had not been received from the station's
monitoring sources for the period between August 1, 2011 and October
26, 2011.
d. 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. . .
." At the time of inspection, the agents determined that Station WFAI
was monitoring only one of its assigned EAS sources.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, QC
Communications, 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to QC Communications, 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
David C. Dombrowski
Acting District Director
Philadelphia District Office
Northeast 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