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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Willis Broadcasting Corporation ) File No. EB-05-NF-016
Licensee of Radio Station WURB(FM) )
Facility ID # 173 and Owner of ASR # 1006369 ) NOV No.
V20053264006
Windsor, North Carolina )
)
NOTICE OF VIOLATION
Released: July 14,
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
Willis Broadcasting Corporation, licensee of radio station
WURB(FM).
2. On March 15, 2005, an agent of the Commission's Norfolk
Office inspected radio station WURB(FM) located in Windsor,
North Carolina, 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 station's 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. § 17.49: ``The owner of
each antenna structure which is registered
with the Commission and has been assigned
lighting specifications referenced in this
part must maintain a record of any
observed or otherwise known extinguishment
or improper functioning of a structure
light and include the following
information for each such event: (a) The
nature of such extinguishment or improper
functioning. (b) The date and time the
extinguishment or improper operation was
observed or otherwise noted. (c) Date and
time of FAA notification, if applicable.
(d) The date, time and nature of
adjustments, repairs, or replacements
made.'' A station technician stated that
he was aware that the two side-mounted red
lights at ? the height of their antenna
structure were extinguished. There was no
record of this extinguishment.
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.'' The antenna
structure registration database did not
contain the current contact telephone
number or the 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...'' While the
FCC authorized WURB(FM) to broadcast from
latitude 36º 04' 06" North and longitude
076º 58' 35" West (NAD27), the station was
actually broadcasting from a location more
than 0.8 km from its authorized
coordinates. In addition, 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 141% 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 WURB(FM)
public inspection file:
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, Willis Broadcasting Corporation, 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 Willis Broadcasting
Corporation 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
Willis Broadcasting Corporation
645 Church Street
Suite 400
Norfolk VA 23510
_________________________
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.