FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,909
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Required monthly and weekly tests originate from EAS Local or State Primary sources and must be
retransmitted by the participating station. As the nation's emergency warning system, the EAS 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 licensees.
5. Section 11.35(a) of the Rules requires all broadcast stations to ensure that EAS encoders,
EAS decoders, and attention signal generating and receiving equipment are installed and operational so
that the monitoring and transmitting functions are available during the times the station is in operation."5
Section 11.35(b) of the Rules states that "[i]f the EAS Encoder or EAS Decoder becomes defective, ...
[e]ntries shall be made in the broadcast station log ... showing the date and time the equipment was
removed and restored to service."'6 Section 11.51(1) of the Rules allows co-located and co-owned stations
to provide the EAS transmitting requirements for the combined stations with one EAS encoder.'7 On
November 9, 2011, agents from the New Orleans Office observed that the switching equipment which
allowed Stations WLTM-FM and WNIX-AM to share a third co-located and co-owned station's EAS
equipment was malfunctioning, thereby leaving Stations WLTM-FM and WNIX-AM with no EAS
functionality. Neither station maintained any EAS logs and neither could document when its EAS
equipment was last operational. Based on the evidence before us, we find that Debut Broadcasting
apparently willfully and repeatedly violated Section 11.35 of the Rules by failing to maintain operational
EAS equipment and EAS logs.
B. Failure to Operate within Parameters of License
6. Section 73.1745(a) of the Rules states that "[n]o broadcast station shall operate at times,
or with modes or power, other than those specified and made a part of the license, unless otherwise
provided in this part."'" Station WNIX-AM is required to reduce power and switch to a directional mode
at night.'9 On November 7 and 8, 2011, agents from the New Orleans Office monitored Station WNIX-
AM and observed that the measured field strength of its signals did not change after sunset. On
November 9, 2011, agents from the New Orleans Office observed that Station WNIX-AM was operating
in daytime mode with full power. The agents also learned from the operations manager that Station
WNIX-AM was incapable of switching to nighttime mode and power. Thus, Station WNIX-AM did not
reduce its power nor switch its directional pattern at night. Based on the evidence before us, we find that
Debut Broadcasting apparently willfully and repeatedly violated Section 73.1745(a) of the Rules by
operating with daytime power and in daytime mode at night.
C. Proposed Forfeiture Amount
7. Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for failure to maintain directional pattern within prescribed parameters is
$7,000 and for EAS equipment not installed or operational is $8,000.20 In assessing the monetary
forfeiture amount, we must also take into account the statutory factors set forth in Section 503(b)(2)(E) of
the Act, which include the nature, circumstances, extent, and gravity of the violations, and with respect to
the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as
'5 47 C.F.R. 11.35(a).
16 47 C.F.R. 11.35(b).
47 C.F.R. 11.51(1).
s 47 C.F.R. 73.1745(a).
'9 See License File No. BLH-20070525ADY.
20 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied,
15 FCC Red 303 (1999); 47 C.F.R. 1.80.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/76/: accessed May 28, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.