Federal Communications Commission Before the FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of Gillen Broadcasting Corporation, Licensee of Station WAJD Gainesville, Florida ) ) ) ) ) ) ) File No.: EB-FIELDSCR-19-00029337 Facility ID: 24209 NOTICE OF VIOLATION Released: July 31, 2019 By the Regional Director, Region Two, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to section 1.89 of the Commission’s rules 47 CFR § 1.89. to Gillen Broadcasting Corporation licensee of radio station WAJD in Gainesville, FL. Pursuant to section 1.89(a) of the Commission’s 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(s) noted herein. 47 CFR § 1.89(a). 2. On July 8, 2019, an Agent of the Enforcement Bureau’s Miami Office monitored radio station WAJD, and observed the following violation: a. 47 C.F.R. § 73.1745(a): “No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license, unless otherwise provided in this part.” According to your license, WAJD is authorized to operate with 5 kilowatts of power during daytime hours and 51 watts during nighttime hours. In response to a complaint, an Agent from the Miami Office monitored field strength levels for station WAJD and observed the station did not reduce power after sunset. 3. Pursuant to section 308(b) of the Communications Act of 1934, as amended (Act), and section 1.89 of the Commission’s rules, we seek additional information concerning the violations and any remedial actions taken. 47 U.S.C. § 308(b); 47 CFR § 1.89. Therefore, Gillen Broadcasting Corporation 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. 47 CFR § 1.89(c). 4. In accordance with section 1.16 of the Commission’s rules, we direct Gillen Broadcasting Corporation to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Gillen Broadcasting Corporation with personal knowledge of the representations provided in Gillen Broadcasting Corporation’s response, verifying the truth and accuracy of the information therein, 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. 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 CFR § 1.16. 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. 18 U.S.C. §§ 1001, et seq.; see also 47 CFR § 1.17. 5. All replies and documentation sent in response to this Notice should be marked with the File No., specified above, and mailed to the following address: Federal Communications Commission Atlanta Regional Office P.O. Box 1493 Powder Springs, GA 30127 FIELD@FCC.GOV 6. This Notice shall be sent to Gillen Broadcasting Corporation at its address of record. 7. The Privacy Act of 1974 5 U.S.C. § 552a(e)(3). 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 Ronald Ramage Acting Field Director Enforcement Bureau 2