Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) MPS Media of Scranton License, LLC ) File No.: EB-FIELDNER-14-00013177 ) Licensee of Station WLE212 ) NOV No.: V201432400014 ) Wilkes Barre, Pennsylvania ) Facility ID: 73374 ) NOTICE OF VIOLATION Released: February 4, 2014 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 MPS Media of Scranton License, LLC (MPS Media), licensee of Television Studio Transmitter Link Station WLE212 in Scranton, Pennsylvania. 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 violations noted herein.2 2. On January 15, 2014, agents of the Enforcement Bureau’s Philadelphia Office inspected Station WLE212 located at 1181 Highway 315, Wilkes Barre, Pennsylvania 18702 and observed the following violations: a. 47 C.F.R. § 1.903(a): “Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part….” According to the license for Station WLE212, MPS Media is authorized to operate a Television Studio Transmitter Link between the frequencies 6900 MHz and 6925 MHz at 916 Oak Street, Scranton, Pennsylvania at the coordinates 41-26-46.2 North Latitude / 075-39-57.6 West Longitude. Agents found the station operating on this frequency at 1181 Highway 315, Wilkes Barre, Pennsylvania at the coordinates 41-15-37.5 North Latitude / 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). Federal Communications Commission 2 075-49-06.9 West Longitude, which is approximately 15.1 miles from the authorized location. b. 47 C.F.R. § 74.664(a): “The station license and any other instrument of authorization or individual order concerning the construction of the equipment or manner of operation of the station shall be posted in the room in which the transmitter is located.” At the time of the inspection, the license authorization for Station WLE212 was not posted next to the transmitter. 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 violations and any remedial actions taken. Therefore, MPS Media 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 MPS Media to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of MPS Media with personal knowledge of the representations provided in MPS Media’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: 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 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 MPS Media of Scranton 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 David C. Dombrowski District Director Philadelphia Office Northeast Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).