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Educational Media Foundation, WKVK(FM), Leasburg, NC

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Released: December 16, 2009

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Educational Media Foundation
)
File No. EB-09-NF-0122
Licensee of Radio Station WKVK(FM)
)
Leasburg, North Carolina
)
NOV No. V201032640001
)

NOTICE OF VIOLATION

Released:

December 16, 2009
By the Resident Agent¸ Norfolk 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 Educational Media Foundation, licensee of radio station WKVK.
2. On November 24, 2009, an agent of the Commission’s Norfolk Office of the Enforcement Bureau
inspected radio station WKVK located in Leasburg, North Carolina in response to a complaint
from the Federal Aviation Administration about interrference to navigation aids at the Raleigh-
Durham International Airport. Station WKVK is authorized to transmit on 106.7 MHz to the
community of Semora, North Carolina from antenna structure number 1033162, located at
latitude 36 25 08.0 north and longitude 079 11 48.0 west. During inspection of the station
facilities, the agent observed the following violation:
47 C.F.R. § 73.317(b): “Any emission appearing on a frequency removed from the carrier
by more than 600 kHz must be attenuated at least 43 + 10 Log10(Power, in watts) dB
below the level of the unmodulated carrier, or 80 dB, whichever is the lesser
attenuation...” On several frequencies removed from the carrier frequency by 600kHz or
more, emissions were suppressed by less than the 80db. For example, the amplitude of
one emission on a frequency 2.8MHz removed from the carrier frequency was suppressed
by only 30.0db.2
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 and Section 1.89 of
the Rules, Educational Media Foundation, must submit a written statement concerning this matter
within thirty (30) 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).


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 73.317(b). At the time of inspection, the indirect method of power measurement indicated that WKVK
transmitted with a power (18kW) that resulted in 80db being less than (43 + 10 Log10(Power, in watts)).
3 47 U.S.C. § 308(b).

Federal Communications Commission

Specifically, pursuant to Section 73.1590(d) of the Rules, 4 provide all of the data required by
paragraph (b) of the same section, together with the manufacturer names, model and serial
numbers of each transmission system component, and include information that clearly depicts
compliance with Section 73.317 of the Rules. In addition, submit a schedule of the period and a
description of the procedures Educational Media Foundation will use for future transmission
system inspections pursuant to Section 73.1580 of the Rules. 5 The response must be complete in
itself and signed by a principal or officer of the licensee. 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
Norfolk Office
1457 Mt Pleasant Rd Ste 113
Chesapeake VA 23322
4. This Notice shall be sent to Educational Media Foundation at its address of record.
5. The Privacy Act of 19746 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.7
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement Bureau


4 47 C.F.R. 73.1590 (requiring broadcast licensees to take measurements of spurious and harmonic emissions to
show compliance with, among other things, Section 73.317 of the Rules and to maintain that data for 2 years).
5 47 C.F.R. 73.1580 (requiring broadcast licensees to conduct periodic complete inspections of transmitting systems and all
required monitors to ensure proper station operation).
6P.L. 93-579, 5 U.S.C. § 552a(e)(3).
718 U.S.C. § 1001 et seq.
2

Federal Communications Commission

Send original to:
Educational Media Foundation
1425 N. Market Boulevard
Sacramento CA 94834
3

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