Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) R-S Broadcasting Company, Inc. ) File No: EB-08-CF-0311 ) Licensee of Radio Station WCWV ) NOV No: V200932340010 Facility ID # 54368 ) Antenna Structure # 1047394 ) FRN: 0009053117 Summersville, WV ) NOTICE OF VIOLATION Released: June 5, 2009 By the Acting District Director, Columbia Field Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to R-S Broadcasting Company, Inc. licensee of radio station WCWV and owner of antenna structure # 1047394 in Summersville, WV. 2. On August 15, 2008, agents of the Commission’s Columbia Field Office inspected radio station WCWV located at 713 Main Street, Summersville, WV and observed the following violations: a. 47 C.F.R. § 17.4(g): “The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure.” At the time of inspection, no Antenna Structure Registration Number was readily visible near the base of the tower. b. 47 C.F.R. § 73.1870(b) (3): “The designation of the chief operator must be in writing with a copy of the designation posted with the station license.” At the time of the inspection, there was no designation of the chief operator posted with the station license. c. 47 C.F.R. § 73.1870(c) (3): Review of the station records at least once each week to determine if required entries are being made correctly. Upon completion of the review, the chief operator or his designee must date and sign the log…..” At the time of the inspection, a review of the station logs from July 1, 2008 through 147 C.F.R. § 1.89. Federal Communications Commission 2 August 11, 2008 revealed that the files had not been signed and dated by the chief operator or his designee. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, R-S Broadcasting Company, 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 Columbia Field Office 9200 Farm House Lane Columbia, Maryland 21046 4. This Notice shall be sent to R-S Broadcasting Company, Inc. at its address of record. 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION Richard M. Caine Acting District Director Columbia Field Office Northeast Region Enforcement Bureau 247 U.S.C. § 308(b). 3P.L. 93-579, 5 U.S.C. § 552a (e) (3). 418 U.S.C. § 1001 et seq.