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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Edenton Christian Radio, Inc. ) File No. EB-05-NF-015
Licensee of Radio Station WBXB(FM) )
Facility ID # 18649 and owner of ASR # 1006372 ) NOV No.
V20053264005
Edenton, North Carolina )
)
NOTICE OF VIOLATION
Released: August 8,
2005
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,1 to
Edenton Christian Radio, Inc. (``ECR''), licensee of radio
station WBXB(FM).
2. On March 15, 2005, an agent of the Commission's Norfolk
Office of the Enforcement Bureau inspected radio station
WBXB(FM) located in Edenton, North Carloina, and observed
the following violations:
2.a. 47 C.F.R. § 11.35(a): ``Broadcast
stations and cable systems and wireless
cable systems are responsible for ensuring
that EAS Encoders, EAS Decoders and
Attention Signal generating and receiving
equipment used as part of the EAS are
installed so that the monitoring and
transmitting functions are available
during the times the stations and systems
are in operation. Additionally, broadcast
stations and cable systems and wireless
cable systems must determine the cause of
any failure to receive the required tests
or activations specified in §§11.61(a) (1)
and (2). Appropriate entries must be made
in the broadcast station log as specified
in §73.1820 and §73.1840 of this
chapter...'' At the time of inspection,
the EAS equipment was programmed with the
incorrect time. In addition, the station
failed to document or investigate its
missed required monthly test (``RMT'')
transmissions.
2.b. 47 C.F.R. § 11.61(a): EAS
``[t]ests shall be made at regular
intervals as indicated in paragraphs
(a)(1) and (a)(2) of this section.'' At
the time of inspection, the station had no
record of any RMT transmissions after
November 2004.
2.c. 47 C.F.R. § 17.17: ``Existing
Structures.'' Structures authorized prior
to July 1, 1996 ``may retain their present
painting and lighting specifications, so
long as the overall structure height or
site coordinates do not change.'' The
structure's painting and lighting
specification requires a red top-mounted
beacon, and two side-mounted steady
burning red lights at ? and ? of its
antenna structure height. At the time of
inspection, only a red top-mounted beacon
and two side-mounted steady burning red
lights at ½ of the antenna structure
height were present.
2.d. 47 C.F.R. § 17.57: ``The owner
must also immediately notify the
Commission using FCC Form 854 upon any
change in structure height or change in
ownership information.'' ECR failed to
notify the Commission of a change in
ownership information by not updating its
antenna structure registration to reflect
its current contact telephone number and
its correct antenna structure address.
2.e. 47 C.F.R. § 73.1350: ``(a) Each
licensee is responsible for maintaining
and operating its broadcast station in a
manner which complies with the technical
rules set forth elsewhere in this part and
in accordance with the terms of the
station authorization...(b)(2) [t]he
transmitter control personnel must have
the capability to turn the transmitter off
at all times...(c) [t]he licensee must
establish monitoring procedures and
schedules for the station...'' At the
time of inspection, the station's chief
operator did not know how to determine or
how to control the station's operating
power, nor did she know how to stop
transmissions. In addition, the station
had not established monitoring procedures
and schedules to determine compliance with
§73.1560 regarding operating power and
§73.1570 regarding modulation levels.
2.f. 47 C.F.R. § 73.1560(b): ``...[T]he
transmitter output power of an FM
station...must be maintained as near as
practicable to the authorized transmitter
output power and may not be less than 90%
nor more than 105% of the authorized
power.'' At the time of inspection, the
station was operating at 148% of its
authorized transmitter output power.
2.g. 47 C.F.R. § 73.1590: ``(a) The
licensee of each AM, FM, TV and Class A TV
station...must make equipment performance
measurements for each main transmitter as
follows: (1) Upon initial installation of
a new or replacement main
transmitter...(d) [t]he data required by
paragraphs (b) and (c) of this section,
together with a description of the
equipment and procedure used in making the
measurements, signed and dated by the
qualified person(s) making the
measurements, must be kept on file at the
transmitter or remote control point for a
period of 2 years, and on request must be
made available during that time to duly
authorized representatives of the FCC.''
The station stated that it had recently
replaced its main transmitter, but did not
have any record of the replacement.
Equipment Performance Measurements failed
to identify (e.g., by providing the
manufacturer, FCCID, model number and
serial number of) the transmitter that was
tested.
2.h. 47 C.F.R. § 73.1870(c)(3): The
chief operator is responsible for
``[r]eview of the station records at least
once each week to determine if required
entries are being made correctly.
Additionally, verification must be made
that the station has been operated as
required by the rules or the station
authorization. Upon completion of the
review, the chief operator or his designee
must date and sign the log, initiate any
corrective action which may be necessary,
and advise the station licensee of any
condition which is repetitive.'' At the
time of inspection, the chief operator was
not signing the station logs to indicate
that they had been reviewed.
2.i. 47 C.F.R. § 73.3526(c): Material
in the public inspection file ``shall be
available for public inspection at any
time during regular business hours.'' At
the time of inspection, the following
items were missing from the public
inspection file for Station WBXB(FM):
2.i.i. A copy of the current FCC
authorization. (§ 73.3526(e)(1))
2.i.ii. Letters and e-mail from the
public. (§ 73.3526(e)(9))
2.i.iii. Radio issues/programs lists.
(§ 73.3526(e)(12))
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Edenton Christian Radio, Inc., must submit a written
statement concerning this matter within twenty (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. 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 Edenton Christian Radio,
Inc. at its address of record.
5. The Privacy Act of 19743 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
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement Bureau
Edenton Christian Radio Inc
645 Chruch St
Suite 400
Norfolk VA 22664
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.