[Wpfw-lsb] FW: [NewPacifica] EAS Infraction March 2003: WPFW
billy edwards
bredwards at hotmail.com
Mon Aug 2 10:58:59 PDT 2004
As i said before i brought this issue to Ron before the fcc inspection, in
Nov 2002 and to must of you all this year and was called a liar.
As i said before, the kind of GM i'm hopeing for at wpfw is one that would
admit i made a mis-stake, correct it, and move forward and not lie about
it.>>>Billy Ray
>From: "asongwithin" <LasiewiczN at aol.com>
>Reply-To: NewPacifica at yahoogroups.com
>To: NewPacifica at yahoogroups.com
>Subject: [NewPacifica] EAS Infraction March 2003: WPFW
>Date: Mon, 02 Aug 2004 03:47:10 -0000
>
> Before the
> Federal Communications Commission
> Washington, D.C. 20554
>
>In the Matter of )
> ) File No. EB-03-CF-097
>Pacifica Foundation, Inc. )
>WPFW ) NAL/Acct. No.
>200332340004
>Washington, DC )
> ) FRN: 0007 2593 10
>
>
> NOTICE OF APPARENT LIABILITY FOR FORFEITURE
>
>Released: March 26, 2003
>By the District Director, Columbia Office, Enforcement Bureau:
>
> I. INTRODUCTION
>
> 1. In this Notice of Apparent Liability for Forfeiture
> ("NAL"), we find that Pacifica Foundation, Inc.
> (``Pacifica''), licensee of FM broadcast station WPFW,
> Washington, DC, has apparently violated Sections
> 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the
> Commission's Rules (the ``Rules''),1 by failing to conduct
> required monthly and weekly tests of the Emergency Alert
> System (``EAS'') and by failing to verify the log in writing
> by the chief operator. We conclude that Pacifica is
> apparently liable for a forfeiture in the amount of three
> thousand dollars ($3,000).
>
> II. BACKGROUND
>
> 2. On February 14, 2003, an agent from the Columbia Field
> Office inspected broadcast station WPFW, in Washington, DC.
> There was no station manager, chief operator or engineer
> present or available for the inspection. A representative
> of Pacifica accompanied the agent during the inspection.
> The agent reviewed the station logs from December 1, 2002
> through January 31, 2003. He noted that no EAS weekly or
> monthly tests had been transmitted during the two month
> period. He was provided a continuous EAS equipment tape
> printout showing three weekly and one monthly tests received
> in the month of December 2002. Specifically, the agent
> noted that weekly tests were received on December 2, 9, and
> 16, 2002; and a monthly test was received on December 27,
> 2002. Additionally, there was no designation of the chief
> operator in writing with a copy of the designation posted.
>
> III. DISCUSSION
>
> 3. Section 11.61(a)(1)(i) of the Rules requires FM
> stations to conduct monthly tests of the EAS header codes,
> Attention Signal, Test Script and EOM code that conforms to
> procedures in the EAS Operating Handbook and Section
> 11.61(a)(1)(v).2 Pacifica's station records showed that no
> required EAS monthly tests were conducted in December 2002
> and January 2003.
>
> 4. Section 11.61(a)(2)(i)(A) of the Rules requires FM
> stations to conduct weekly tests of the EAS header and EOM
> codes at least once a week at random days and times.
> Pacifica's station records showed that no required weekly
> tests were conducted from December 2002 to January 2003.
>
> 5. Section 73.1870(c)(3) of the Rules requires the chief
> operator to date and sign the log in writing, verifying that
> the station is operating as required by the Rules. A review
> of station records from December 2002 to January 2003 showed
> that the chief operator, or his designee, had not reviewed,
> dated and signed the logs as required. Section
> 73.1870(b)(3) of the Rules requires that a chief operator be
> designated in writing, and a copy posted with the station
> license. 3 A copy of the designation could not be found.
>
> 6. Based on the evidence before us, we find that Pacifica
> willfully4 and repeatedly5 violated Sections 11.61(a)(1)(i),
> 11.61(a)(2)(i)(A), and 73.1870(c)(3) of the Rules by failing
> to conduct required monthly tests of the EAS header codes,
> Attention Signal, Test Script, and EOM code for the months
> of December 2002 and January 2003, by failing to conduct
> required weekly tests of the EAS header and EOM codes from
> December 2002 to January 2003, and by failing to maintain
> the required records by verifying that the station has been
> operating as required, by the chief operator in writing.
>
> 7. The Commission's Forfeiture Policy Statement and
> Amendment of Section 1.80 of the Rules to Incorporate the
> Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997),
> recon. denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy
> Statement''),6 sets the base forfeiture amount for failure
> to make required measurements or conduct required monitoring
> at $2,000, and for failure to maintain the required records
> at $1,000. In assessing the monetary forfeiture amount, we
> must take into account the statutory factors set forth in
> Section 503(b)(2)(D) of the Act,7 which include the nature,
> circumstances, extent, and gravity of the violation, and
> with respect to the violator, the degree of culpability, any
> history of prior offenses, ability to pay, and other such
> matters as justice may require. Applying the Forfeiture
> Policy Statement and the statutory factors to the instant
> case and applying the inflation adjustments, we believe that
> a three thousand dollar ($3,000) monetary forfeiture is
> warranted.
>
> IV. ORDERING CLAUSES
>
> 8. Accordingly, IT IS ORDERED THAT, pursuant to Section
> 503(b) of the Communications Act of 1934, as amended,8
> (``Act'') and Sections 0.111, 0.311 and 1.80 of the Rules,9
> Pacifica is hereby NOTIFIED of their APPARENT LIABILITY FOR
> A FORFEITURE in the amount of three thousand dollars
> ($3,000) for willful and repeated violations of Sections
> 11.61(a)(1)(i), 11.61(a)(2)(i)(A), and 73.1870(b)(3) of the
> Commission's Rules.
>
> 9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
> the Rules, within thirty days of the release date of this
> NOTICE OF APPARENT LIABILITY, Pacifica SHALL PAY the full
> amount of the proposed forfeiture or SHALL FILE a written
> statement seeking reduction or cancellation of the proposed
> forfeiture.
>
>10. Payment of the forfeiture may be made by mailing a check or
>similar instrument, payable to the order of the Federal
>Communications Commission, to the Forfeiture Collection Section,
>Finance Branch, Federal Communications Commission, P.O. Box
>73482, Chicago, Illinois 60673-7482. The payment should note the
>NAL/Acct. No. 200332340004 and FRN: 0007259310.
>
> 11. Any response to this NAL must be mailed to Federal
> Communications Commission, Enforcement Bureau, Technical and
> Public Safety Division, 445 12th Street, S.W., Washington,
> D.C. 20554 and MUST INCLUDE THE NAL/Acct. No. 200332340004.
>
> 12. The Commission will not consider reducing or canceling
> a forfeiture in response to a claim of inability to pay
> unless the petitioner submits: (1) federal tax returns for
> the most recent three-year period; (2) financial statements
> prepared according to generally accepted accounting
> practices (``GAAP''); or (3) some other reliable and
> objective documentation that accurately reflects the
> petitioner's current financial status. Any claim of
> inability to pay must specifically identify the basis for
> the claim by reference to the financial documentation
> submitted.
>
> 13. Requests for payment of the full amount of this Notice
> of Apparent Liability under an installment plan should be
> sent to: Chief Revenue and Receivable Operations Group, 445
> 12th Street, S.W., Washington, D.C. 20554.10
>
> 14. Under the Small Business Paperwork Relief Act of 2002,
> Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC
> is engaged in a two-year tracking process regarding the size
> of entities involved in forfeitures. If you qualify as a
> small entity and if you wish to be treated as a small entity
> for tracking purposes, please so certify to us within thirty
> (30) days of this NAL, either in your response to the NAL or
> in a separate filing to be sent to the Technical and Public
> Safety Division. Your certification should indicate whether
> you, including your parent entity and its subsidiaries, meet
> one of the definitions set forth in the list provided by the
> FCC's Office of Communications Business Opportunities (OCBO)
> set forth in Attachment A of this Notice of Apparent
> Liability. This information will be used for tracking
> purposes only. Your response or failure to respond to this
> question will have no effect on your rights and
> responsibilities pursuant to Section 503(b) of the
> Communications Act. If you have questions regarding any of
> the information contained in Attachment A, please contact
> OCBO at (202) 418-0990.
>
> 15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
> APPARENT LIABILITY shall be sent by Certified Mail Return
> Receipt Requested to Pacifica Foundation, Inc., 1929 Martin
> L. King Jr. Way, Berkley, CA 94704.
>
>FEDERAL COMMUNICATIONS COMMISSION
>
>Charles C. Magin
>District Director
>Columbia Office
>
>
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