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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WGBB-AM, Inc. ) File No. EB-09-NY-0313
Licensee of AM Radio Station WGBB )
Facility ID # 72091 )
Babylon, New York ) NOV No. V201032380026
NOTICE OF VIOLATION
Released: June 29, 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 WGBB-AM, Inc., licensee of AM radio station WGBB in
Babylon, New York.
2. On October 27, 2009, an agent of the Enforcement Bureau's New York
Office
inspected WGBB's main studio located at 404 Route 109, West Babylon, New
York 11704, and observed the following violations:
a. 47 C.F.R. S: 11.15: "The EAS Operating Handbook . . . must be located
at normal duty positions or EAS equipment locations when an operator
is required to be on duty and be immediately available to staff
responsible for authenticating messages and initiating actions." At
the time of the inspection, the agent found that no EAS Operating
Handbook was available.
b. 47 C.F.R. S: 73.3526(e)(1): The public inspection file shall contain
a "copy of the current FCC authorization to construct or operate the
station...." At the time of inspection, a copy of the authorization
was not in the public inspection file.
c. 47 C.F.R. S: 73.3526(e)(4): The public inspection file shall contain
a "copy of any service contour maps, submitted with any application
tendered for filing with the FCC. . . ." At the time of the
inspection, 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)(5): The public inspection file shall contain
a "copy of the most recent, complete ownership report filed with the
FCC for the station, together with any statements filed with the FCC
certifying that the current report is accurate, and together with all
related material. These materials shall be retained until a new,
complete ownership report is filed with the FCC, at which time a copy
of the new report and any related materials shall be placed in the
file." At the time of inspection, a copy of the most recent
ownership report was not in the public inspection file.
e. 47 C.F.R. S: 73.3526(e)(6): The public inspection file shall contain
a political file with "[s]uch records as are required by S: 73.1943
to be kept concerning broadcasts by candidates for public office.
These records shall be retained for the period specified in S:
73.1943 (2 years)." At the time of inspection, no political file was
in the public inspection file. In response to a Letter of Inquiry,
WGBB-AM, Inc. reported that it provided broadcast time on one
occasion in the two years prior to the agent's inspection and that it
failed to include the one request for broadcast time in the public
inspection file.
f. 47 C.F.R. S:S: 73.1870(b)(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 agent found no written designation of a
chief operator for the station.
g. 47 C.F.R. S: 73.1870(c)(3): The chief operator shall "[r]eview. .
.the station records at least once each week to determine if required
entries are being made correctly. Additionally, verification must be
made that the station has been operated as required by the rules or
the station authorization. Upon completion of the review, the chief
operator or his designee must date and sign the log...." The agent
observed that the logs were not signed and dated by the chief
operator.
h. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
Class A TV station, except licensees of Class D non-commercial
educational FM stations authorized to operate with 10 watts or less
output power, must make equipment performance measurements for each
main transmitter as follows: Annually, for AM stations, with not more
than 14 months between measurements." At the time of inspection, the
latest equipment performance measurement available for inspection was
dated July 23, 2005.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and
Section 1.89 of the Commission's Rules, WGBB-AM, 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 any pending corrective action(s). The response must be
complete in itself and signed by a principal or officer of WGBB-AM. 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
4. This Notice shall be sent to WGBB-AM, 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
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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