Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Radio Disney Atlanta, LLC ) File No. EB-11-AT-0045 Licensee of Radio Station WDWD ) Facility ID # 8623 ) NOV No. V201132480004 Atlanta, GA ) ) ) NOTICE OF VIOLATION Released: June 15, 2011 By the District Director, Atlanta Office, South Central Region Enforcement Bureau: 1. This is a Notice of Violation (“Notice”) issued pursuant to Section 1.89 of the Commission’s Rules1 to Radio Disney Atlanta, LLC, licensee of Station WDWD, Atlanta, GA. 2. On May 3, 2011, an agent of the Enforcement Bureau’s Atlanta Office monitored Station WDWD, Atlanta, GA, and observed the following violation(s): a. 47 C.F.R. § 73.44: “The emissions of stations in the AM service shall be attenuated in accordance with the requirements specified in paragraph (b) of this section…[E]missions between 60 kHz and 75 kHz of the carrier frequency must be attenuated at least 65 dB below the unmodulated carrier level. Emissions removed by more than 75 kHz of the carrier frequency must be attenuated at least 43 +10 Log (Power in watts) or 80 dB below the unmodulated carrier level, whichever is the lesser attenuation...” The agent observed that Station WDWD had an emission between 60 kHz and 75 kHz of the carrier frequency, at 524.5 kHz, that was 61 dB below the carrier level. The agent also observed that Station WDWD had an emission at 459 kHz that was 55 dB below the carrier level. 3. Pursuant to section 308(b) of the Communications Act of 1934, as amended,2 and section 1.89 of the Commission's Rules, Radio Disney Atlanta, LLC, 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 147 C.F.R. § 1.89. 247 U.S.C. § 308(b). Federal Communications Commission 2 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 Atlanta Office 3575 Koger Blvd., Suite 320 Duluth, GA 30096 4. This Notice shall be sent to Radio Disney Atlanta, LLC 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 Douglas G. Miller District Director Atlanta District Office South Central Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.