**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

CBS Radio Inc. of Atlanta ) File No. EB-07-AT-018

Licensee of Radio Station WZGC(FM) )

Facility ID 13805 )

Atlanta, GA ) NOV No. V20073248007

)

NOTICE OF VIOLATION

Released: February 8, 2007

By the District Director, Atlanta Office, South Central 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 CBS Radio Inc. of
    Atlanta, licensee of radio station WZGC(FM) in Atlanta, Georgia.

2.  On January 24, 2007, agents of the Commission's Atlanta Office of
    the Enforcement Bureau inspected the main studio of station WZGC(FM)
    located in Atlanta, Georgia and observed the following violation:

> 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
> codes, Attention Signal, Test Script and EOM code. Tests ... will
> originate from Local or Primary sources. The time and script content
> will be developed by State Emergency Communications Committees in
> cooperation with affected broadcast stations, cable systems, wireless
> cable systems, and other participants. Script content may be in the
> primary language of the broadcast station or cable system. These
> monthly tests must be transmitted within 60 minutes of receipt by
> broadcast station and cable systems and wireless cable systems in an
> EAS Local Area or State." Station WZGC had operational EAS equipment
> installed at the station, and received all required weekly and monthly
> tests and transmitted all required weekly tests. However, the station
> relied on station personnel to retransmit manually required monthly
> tests, and station personnel failed to do so in November and December
> of 2006.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Rules, CBS Radio Inc. of
    Atlanta must submit a written statement concerning this matter
    within 20 days of release of this Notice. The response must fully
    explain the violation, must contain a statement of the specific
    action taken to correct the violation, preclude recurrence, and
    should include a time line for completion of pending corrective
    actions. The response must be complete in itself and signed by a
    principal or officer of CBS Radio Inc. of Atlanta. 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
>
> Atlanta District Office
>
> 3575 Koger Blvd., Suite 320
>
> Duluth, Georgia 30096

4.  This Notice shall be sent to CBS Radio Inc. of Atlanta at its
    address of record.

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

Douglas G. Miller

District Director

Atlanta District Office

South Central Region

Enforcement Bureau

[^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.*