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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kinston Christian Radio, Inc. ) File No. EB-05-NF-
020
Licensee of Radio Station WELS(AM) )
Kinston, North Carolina ) NOV No.
V20053264002
)
NOTICE OF VIOLATION
Released: August 19, 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
Kinston Christian Radio, Inc., (``KCR'') licensee of radio
station WELS(AM).
2. On March 10, 2005, an agent of the Commission's Norfolk
Office of the Enforcement Bureau inspected radio station
WELS(AM) located in Kinston, 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 and conducted only
two Required Weekly Tests from January 1,
2005 to March 9, 2005.
b. 47 C.F.R. § 73.1350(b)(2): ``The transmitter
control personnel must have the capability
to turn the transmitter off at all
times.'' At the time of inspection,
transmitter control personnel were unable
to turn the transmitter off from the main
studio remote control location.
c. 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.'' The station was operating
its AM transmitter at only 70.4% of
authorized power. Station documents
indicated that KCR had been operating at
reduced power since January 1, 2005
without notifying the Commission and
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, Kinston 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 Kinston 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.