Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) WNAP, Inc. ) File No. EB-FIELDNER-12-00005810 Licensee of Station WNAP ) Facility ID # 73313 ) Norristown, Pennsylvania ) NOV No. V201332400015 ) ) ) NOTICE OF VIOLATION Released: January 24, 2013 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 rules (Rules)1 to WNAP, Inc., licensee of AM Station WNAP in Norristown, Pennsylvania. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation noted herein.2 2. On December 5, 2012, in response to a complaint, agents of the Enforcement Bureau’s Philadelphia Office monitored Station WNAP located at 2311 Old Arch Road in Norristown, Pennsylvania, and observed the following violation: 47 C.F.R. § 73.1560(a)(1): “Except as provided for in paragraph (d) of this section, the antenna input power of an AM station as determined by the procedures specified in § 73.51 must be maintained as near as is practicable to the authorized antenna input power and may not be less than 90% nor more than 105% of the authorized power.” According to the Post-Sunset Authority granted by the Commission, Station WNAP is authorized to operate at 22.1 watts during its post-sunset period (4:30 p.m.-5:15 p.m. Non-Advanced Standard Time) in the month of December. However, on December 5, 2012, WNAP was transmitting during its post-sunset period at a power level of 124 watts, or 561 percent of its authorized power. 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of the Rules, we seek additional information concerning the violation and any remedial actions taken. Therefore, WNAP, Inc. 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.4 4. In accordance with Section 1.16 of the Rules, we direct WNAP, 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 WNAP, Inc. with personal knowledge of the representations provided in WNAP, Inc.’s response, verifying the truth and accuracy of the information therein,5 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.6 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 6. This Notice shall be sent to WNAP, Inc. at its address of record. 3 47 U.S.C. § 308(b). 4 47 C.F.R. § 1.89(c). 5 Section 1.16 of the 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. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 7. The Privacy Act of 19747 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. FEDERAL COMMUNICATIONS COMMISSION David C. Dombrowski District Director Philadelphia District Office Northeast Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).