Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Farm & Home Broadcasting Company ) File No. EB-09-PA-0243 Licensee of Radio Station WFRM ) Facility ID # 21196 ) Antenna Structure Registrant ) ASR # 1026692 ) Coudersport, Pennsylvania ) NOV No. V201032400019 ) NOTICE OF VIOLATION Released: January 20, 2010 By the District Director, Philadelphia 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 Farm & Home Broadcasting Company, the licensee of AM Radio Station WFRM and owner of antenna structure number 1026692 in Coudersport, Pennsylvania. This Notice may be combined with a further action, if further action is warranted.2 2. On October 13 and 14, 2009, an agent of the Commission’s Philadelphia Office inspected radio station WFRM and antenna structure number1026692 located in Coudersport, Pennsylvania and observed the following violations: a. 47 C.F.R. § 11.52(d): “Broadcast stations and cable systems and wireless cable systems must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook….” A review of WFRM’s EAS logs revealed that WFRM was properly monitoring only one EAS source.3 b. 47 C.F.R. § 17.50(a): “Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility.” At the time of inspection, the agent 147 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). 3 Under the Pennsylvania State EAS Plan, stations in the Warren EAS Operational Area such as WFRM are required to monitor stations WRRN (92.3 MHz) and WPSX (92.1 MHz). WFRM instead was monitoring stations WRRN and WHKS. WFRM is required to obtain a waiver if required EAS sources cannot be received or monitored. Federal Communications Commission 2 observed that the paint on the antenna structure was faded and chipped. 3. As the nation’s emergency warning system, the Emergency Alert System 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 regulatees. Similarly, the Commission investigates compliance with painting requirements for antenna structures because of the potential hazard to air navigation. Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violation(s) and any remedial actions the station may have taken. Therefore, Farm & Home Broadcasting Company must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.5 4. In accordance with Section 1.16 of the Commission’s Rules, we direct L-COM, Inc. to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Farm & Home Broadcasting Company with personal knowledge of the representations provided in L-COM, Inc.’s response, verifying the truth and accuracy of the information therein,6 and confirming that all of the information requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.7 5. 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 Philadelphia Office One Oxford Valley Building, Suite 404 2300 East Lincoln Highway Langhorne, Pennsylvania 19047 447 U.S.C. § 403. 547 C.F.R. § 1.89(c). 6Section 1.16 of the Commission’s Rules provides that “[a]ny document to be filed with the Federal Communications Commission and which is required by any law, rule or other regulation of the United States to be supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47 C.F.R. § 1.16. 718 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 6. This Notice shall be sent to Farm & Home Broadcasting Company at its address of record. 7. The Privacy Act of 19748 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, further action is required to ensure compliance. FEDERAL COMMUNICATIONS COMMISSION Gene J. Stanbro District Director Philadelphia District Office Northeast Region Enforcement Bureau 8P.L. 93-579, 5 U.S.C. § 552a(e)(3).