Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Union Free School District #1 ) File No. EB-09-NY-0282 Licensee of Radio Station WOSS ) Facility ID # 68811 ) NOV No. V201032380007 Ossining, New York ) ) NOTICE OF VIOLATION Released: January 22, 2010 By the District 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 Rules1 to Union Free School District #1 (“Union Free”), licensee of radio station WOSS in Ossining, New York. This Notice may be combined with a further action, if further action is warranted.2 2. On September 29, 2009, an agent of the Enforcement Bureau's New York Office inspected station WOSS located in Ossining, New York, and observed the following violations: a. 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of inspection, the broadcast station records did not contain entries documenting the weekly tests received or weekly tests conducted for the period from July 1, 2009 to September 28, 2009, with the exception of one entry for a test received on September 21, 2009. Moreover, the station records contained no entries for monthly tests received or retransmitted for the period between July 1, 2009 and September 28, 2009. The broadcast station records contained no reasons why tests were not sent or received. b. 47 C.F.R. § 73.3527(e)(7): “At all times, a copy of the most recent version of the manual entitled The Public and Broadcasting.” At the time of inspection, WOSS's public file contained no copy of The Public and Broadcasting. 1 47 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). Federal Communications Commission 2 c. 47 C.F.R. § 73.3527(e)(8): "For non-exempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period." At the time of inspection, WOSS's public file did not contain any quarterly issues/programs lists. 3. As the nation’s emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission takes seriously any violations of the Rules implementing the EAS and expects full compliance from its regulatees. We also must investigate violations of other rules that apply to broadcast licensees. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violation(s) and any remedial actions the station may have taken. Therefore, Union Free 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 Commission’s Rules, we direct Union Free to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Union Free with personal knowledge of the representations provided in Union Free’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: 347 U.S.C. § 403. 447 C.F.R. § 1.89(c). 5Section 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. 618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 Federal Communications Commission New York Office 201 Varick Street New York, New York 10014 6. This Notice shall be sent to Union Free 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 Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).