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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Durham Christian Radio, Inc. ) File No. EB-05-NF-
019
Licensee of Radio Station WSRC(AM) )
Facility ID #17761 )
Durham, North Carolina ) NOV No.
V20053264001
)
NOTICE OF VIOLATION
Released: August 2, 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
Durham Christian Radio, Inc., licensee of radio station
WSRC(AM).
2. On March 9, 2005, an agent of the Commission's Norfolk
Office of the Enforcement Bureau inspected radio station
WSRC(AM) located in Durham, North Carolina, and observed the
following violations:
a. 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.'' The station failed to make
Required Monthly Tests from January 1,
2005 to March 9, 2005.
b. 47 C.F.R. § 73.1560(d): ``In the event it
becomes technically impossible to operate
at authorized power, a broadcast station
may operate at reduced power for a period
of not more than 30 days without specific
authority from the FCC....If causes beyond
the control of the licensee prevent
restoration of the authorized power within
30 days, a request for Special Temporary
Authority must be made to the FCC in
Washington, DC for additional time as may
be necessary.'' At the time of
inspection, the station was operating its
AM transmitter at only 24.5% of authorized
power without Commission authorization.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Durham 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, Virginia 23322
4. This Notice shall be sent to Durham 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
Luther Bolden
Resident Agent
Norfolk Office
South Central Region
Enforcement Bureau
_________________________
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.