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FCC Issues WSDS Notice Over EAS, Power Violations


Federal Communications Commission (FCC)
Federal Communications Commission (FCC)

The FCC's Enforcement Bureau has issued a Notice of Violation to Vazquez Broadcasting Corporation, licensee of WSDS-AM in Salem Township-Ypsilanti, MI, citing multiple violations involving Emergency Alert System monitoring, operating power and the station's directional antenna system.

The notice, released September 18, stems from a July 14 inspection by an agent from the Enforcement Bureau's Columbia Office. The FCC said no station log was available showing required EAS tests received from local primary stations and FEMA's Integrated Public Alert and Warning System. The agency also said entries stored in the station's Sage Digital ENDEC were dated 1997.

The FCC also found that WSDS was monitoring WJR-AM and WWJ-AM for EAS alerts. Under the Michigan State EAS Plan, stations in Washtenaw-Lenawee Counties are required to monitor WEMU-FM and WWWW-FM.

Inspectors additionally found WSDS operating at 1,104 watts during the daytime, 36.6% above its authorized daytime power of 808 watts. The station was not using modulation dependent carrier level technology, which can affect the applicable power requirements.

The station's Chief Operator told the FCC agent that WSDS was unable to operate within its authorized nighttime parameters. The agent subsequently measured the station after sunset and found it continuing to operate using its daytime power and antenna pattern. The FCC noted that Vazquez Broadcasting had filed a reduced-power notification in March because of transmitter problems but had not requested Special Temporary Authority to operate at those power levels for more than 30 days.

A fifth violation involved WSDS's directional antenna system. The FCC said the station's required antenna monitor was not fully operational and could not provide reliable phase and current readings for each tower in the directional array.

Vazquez Broadcasting has 20 days from the release of the notice to provide the FCC with a written response explaining each violation, detailing corrective actions already taken and providing a timetable for any remaining work. The Notice of Violation itself does not impose a forfeiture, but the FCC said it does not preclude additional enforcement action, including a possible Notice of Apparent Liability for Forfeiture.

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