Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) World India Radio, LLC ) File No.: EB-FIELDNER-16-00021260 ) Licensee of AM Station WXMC ) NOV No.: V201632800002 ) Edison, New Jersey ) ) NOTICE OF VIOLATION Released: May 6, 2016 By the Regional Director, New York 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 World India Radio, LLC., licensee of AM Station WXMC serving Parsippany-Troy Hill, New Jersey. 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 March 22, 2016, an agent of the Enforcement Bureau’s New York Office inspected AM Station WXMC in Parsippany, New Jersey 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 with effective locked fences or other enclosures. Ready access must be provided to each antenna tower base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence.” At the time of the inspection, the catwalk and tower platforms were rotted and missing floor boards preventing access to the base of each of the station’s three antenna towers (Antenna Structure Registration Numbers 1224382, 1224381, and 1224380). 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, World India Radio, LLC 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, 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). Federal Communications Commission 2 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 World India Radio, 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 World India Radio, LLC with personal knowledge of the representations provided in World India Radio, 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 World India Radio, LLC’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 New York Office 201 Varick Street, Suite 1151 New York, New York 10014 6. This Notice shall be sent to World India Radio, LLC at its address of record. 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 1974 7 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 Regional Director Region 1 Enforcement Bureau Federal Communications Commission 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).