Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Willis Broadcasting Corporation ) File No. EB-05-NF-017
Licensee of Radio Station WHFD(FM) )
Facility ID # 72503 and Owner of ASR # 1018135 ) NOV No.
V20053264007
Lawrenceville, Virginia )
)
NOTICE OF VIOLATION
Released: August 16,
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
WHFD(FM).
2. On March 17, 2005, an agent of the Commission's Norfolk
Office inspected radio station WHFD(FM) located in
Lawrenceville, Virginia, 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. Specifically, on March
17, 2005 at 5:39 PM, the EAS equipment
listed the date and time as February 14,
2005, 6:41 PM. 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
December 2004.
2.c. 47 C.F.R. § 73.1350(c): ``The
licensee must establish monitoring
procedures and schedules for the station
and the indicating instruments employed
must comply with §73.1215. (1) Monitoring
procedures and schedules must enable the
licensee to determine compliance with
§73.1560 regarding operating power and AM
station mode of operation, §73.1570
regarding modulation levels, and, where
applicable, §73.1213 regarding antenna
tower lighting, and §73.69 regarding the
parameters of an AM directional antenna
system. (2) Monitoring equipment must be
periodically calibrated so as to provide
reliable indications of transmitter
operating parameters with a known degree
of accuracy. Errors inherent in monitoring
equipment and the calibration procedure
must be taken into account when adjusting
operating parameters to ensure that the
limits imposed by the technical rules and
the station authorization are not
exceeded.'' At the time of inspection,
the station's chief operator was
unavailable and the operator on duty did
not know how to control the station's
operating power. 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.d. 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 128% of its
authorized transmitter output power.
2.e. 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 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.f. 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 of Station WHFD(FM):
2.f.i. A copy of the current FCC
authorization. (§ 73.3526(e)(1))
2.f.ii. Contour maps. (§
73.3526(e)(4))
2.f.iii. Ownership reports and related
materials. (§ 73.3526(e)(5))
2.f.iv. Political file. (§
73.3526(e)(6))
2.f.v. Letters and e-mail from the
public. (§ 73.3526(e)(9))
2.f.vi. Radio issues/programs lists.
(§ 73.3526(e)(12))
2.f.vii. Local public notice
announcements. (§ 73.3526(e)(13))
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
This Notice shall be sent to Willis Broadcasting Corporation
at its address of record. 4.
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.