Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No.: EB-FIELDNER-13-00007629 ) Entercom Milwaukee License, LLC ) NOV No.: V201332320008 Licensee of Radio Station WSSP ) Milwaukee, Wisconsin ) Facility ID: 27030 NOTICE OF VIOLATION Released: May 15, 2013 By the District Director, Chicago 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 Entercom Milwaukee License, LLC, licensee of AM Station WSSP in Milwaukee, Wisconsin. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice 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 March 25, 2013, an agent of the Enforcement Bureau’s Chicago Office inspected Station WSSP’s five towers, which are owned by Entercom Milwaukee License, LLC, and located at 11800 West Grange Avenue, Hales Corners, Wisconsin, and observed the following violation: 47 C.F.R. § 73.49: “Antenna towers having radio frequency potential at the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures. [. . .] However, individual tower fences need not be installed if the towers are contained within a protective property fence.” At the time of inspection, the agent observed that the fence around tower number four in Station WSSP’s four-tower directional array had one plank that had broken off in its entirety and a significant portion of a second plank also had broken off. Because there was no protective property fence, these conditions resulted in unrestricted access to the tower, which had radio frequency potential at its base. 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, Entercom Milwaukee License, LLC, must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain the 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308. Federal Communications Commission 2 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 Entercom Milwaukee License, LLC, to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Entercom Milwaukee License, LLC, with personal knowledge of the representations provided in Entercom Milwaukee License, LLC’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 Chicago Office 1550 North Northwest Highway, Room 306 Park Ridge, IL 60068 6. This Notice shall be sent to Entercom Milwaukee License, LLC, at its address of record. 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 James M. Roop District Director Chicago District Office Northeast Region Enforcement Bureau 4 47 C.F.R. § 1.89(c). 5 Section 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. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).