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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
D-Mitch Broadcasting, Inc. ) File No. EB-08-AT-0072
Licensee of Radio Station WBSC AM )
Facility ID: 5214 ) NOV No. V20083248002
Bennettsville, SC )
)
NOTICE OF VIOLATION
Released: May 12, 2008
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 D-Mitch Broadcasting, Inc., licensee
of radio station WBSC AM in Bennettsville, South Carolina.
2. On April 8, 2008, agents of the Commission's Atlanta Office of the
Enforcement Bureau inspected AM radio station WBSC located at
Bennettsville, South Carolina, and observed the following
violation(s):
a. 47 C.F.R. S:S: 73.1560(a) & (d): The station's antenna input power
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. Also, if it becomes technically impossible to
operate the station at authorized power, the station may operate at
reduced power for not more than 30 days without specific
authorization from the FCC. If causes beyond the control of the
licensee prevent restoration of the authorized power within 30 days,
a request for Special Temporary Authority must be made to the FCC in
Washington, DC for additional time as may be necessary.
The station was operating at 57 % of authorized power and had been
operating at reduced power for over 30 days.
b. 47 C.F.R. S:S: 73.1870(a)(1) & (3): The licensee of each AM, FM, TV
or Class A TV station must designate a person to serve as the
station's chief operator. The designation must be in writing and
posted with the station's license.
The agents found no written designation of a chief operator for the
station.
c. 47 C.F.R. S: 73.3526(e)(4): Stations must place a copy of any service
contour maps, submitted with any application tendered for filing with
the FCC, into the station's public inspection file.
There was no service contour map in the public inspection file showing the
station's community contour.
d. 47 C.F.R. S: 73.3526(e)(8): Stations must maintain a copy of the most
recent version of the manual entitled "The Public and Broadcasting"
in the public inspection file.
The station's public inspection file did not contain "The Public and
Broadcasting" manual.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, D-Mitch
Broadcasting, 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 D-Mitch Broadcasting, 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.
See 47 C.F.R. S: 73.1635.
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
2
Federal Communications Commission