**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Banjo Communications Group, Inc. ) File No. EB-03-BF-154

Licensee of AM Radio Station WCHN )

Facility ID \# 13826 ) NOV No. V20043228021

Norwich, New York )

)

Attention: Mr. James V. Johnson/President )

NOTICE OF VIOLATION

Released: February 18, 2004

By the Resident Agent, Buffalo Office, Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to Banjo Communications
    Group, Inc., licensee of radio station WCHN.

2.  On November 5 and 6, 2003, an agent of the Commission's Buffalo
    Office inspected radio station WCHN located in Norwich, New York,
    and observed the following violation(s):

    a.  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 within effective locked fences
        or other enclosures." The fence enclosing antenna tower
        #31036444, WCHN, has heaved and/or the soil under the fence has
        eroded over time, leaving a space between the bottom of the
        fence and the ground allowing unimpeded access to the live
        tower.

    b.  47 C.F.R. §73.1560 (a)(1). "Except as provided for in
        paragraph (d) of this section, the antenna input power of an AM
        station as determined by the procedures specified in § 73.51
        must be maintained as near as practicable to the authorized
        antenna input power and may not be less than 90% nor more than
        105% of the authorized power." The agent observed the following
        power measurements for WCHN:

> POWER
>
> Date Authorized Measured % Authorized
>
> November 5, 2003 (10:25 pm) 34 watts 535 watts 1574%
>
> November 6, 2003 (9:21 am) 1000 watts 535 watts 53%

c.  47 C.F.R. §73.1560(a)(2). "Whenever the transmitter of an AM station
    cannot be placed into the specific operating mode at the time
    required, transmissions of the station must be immediately
    terminated." On November 5, 2003, 10:25pm, station WCHN was
    operating at 534 watts, (1574%) of the authorized power of 34 watts,
    and was operating at 534 watts, (53.4%) of authorized power of 1000
    watts, when measured on November 6, 2003 at 9:21am. WCHN did not
    terminate operation during the nighttime hours and continued to
    operate at 1574% of the authorized nighttime power.

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3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Banjo
    Communications Group Inc., must submit a written statement
    concerning this matter within 20 days of release of this Notice. The
    response must fully explain each violation, must contain a statement
    of the specific action(s) taken to correct each violation and
    preclude recurrence, and should include a time line for completion
    of pending corrective action(s). The response must be complete in
    itself and signed by a principal or officer of the licensee with
    personal knowledge of the matter. 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
>
> Room 1307 Federal Building
>
> 111 W. Huron Street
>
> Buffalo, New York 14202

4.  This Notice shall be sent to Banjo Communications Group, Inc; 36
    Chestnut Street; Oneonta, New York 13820.

5.  The Privacy Act of 1974[^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.
    Any false statement made knowingly and willfully in reply to this
    Notice is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^4]

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro

Resident Agent

Buffalo Office

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*