Click here for Adobe Acrobat version
Click here for Microsoft Word version

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. 
Lawrenceville, Virginia         )

                       NOTICE OF VIOLATION

                                             Released: August 16, 

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 

  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 

               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'') 

               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 

               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.  ( 
                  2.f.iii.    Ownership reports and related 
                    materials.  ( 73.3526(e)(5))
                  2.f.iv.     Political file.  ( 
                  2.f.v.      Letters and e-mail from the 
                    public.  ( 73.3526(e)(9)) 
             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 

                 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.