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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. 
Edenton, North Carolina         )

                       NOTICE OF VIOLATION

                                             Released: August 8, 

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'') 

               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  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 

               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.