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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Wise, Inc. ) File No. EB-06-NF-046
Licensee of Radio Station WNVA )
Facility ID # 54895 ) NOV No. V20073264002
Norton, Virginia )
)
)
NOTICE OF VIOLATION
Released: September 5, 2007
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 to Radio Wise, Inc., licensee of radio
station WNVA in Norton, Virginia.
2. On June 20, 2006, an agent of the Commission's Norfolk Resident Agent
Office of the Enforcement Bureau attempted to inspect radio station
WNVA located at Norton, Virginia and observed the following violation:
a. 47 C.F.R. S: 73.1125(a): "Each AM, FM and TV broadcast station shall
maintain a main studio..." The Commission has determined that this
includes maintaining a full-time managerial and non-managerial
presence during normal business hours. Normal business hours are
typically an 8 hour period between 8:00 am and 6:00 pm local time
Monday through Friday. At 3:05 pm, a representative of the FCC
attempted to inspect the main studio of station WNVA in Norton,
Virginia. The station was on the air but the front entrance was
locked and there was no indication that the building was occupied. A
sign, visible through the locked front entrance, was posted on the
inside of the building that read, "Business Hours 8:00 a.m. - 1:00
p.m." The FCC agent knocked several times but no one came to the
door.
3. On June 21, 2006, the agent revisited the station before 1 P.M.,
conducted an inspection of the main studio and observed the following
violation:
a. Section 73.1820(a) (1) (iii): "An entry of each test and activation
of the Emergency Alert System (EAS) pursuant to the requirements of
Part 11 of this chapter and the EAS Operating Handbook be made in the
station log. Stations may keep EAS data in a special EAS log which
shall be maintained at a convenient location; however, this log is
considered a part of the station log." At the time of inspection, the
station manager stated that the EAS logs were at the residence of the
employee that maintains the station's technical equipment.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Radio Wise, 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 Resident Agent Office
1457 Mount Pleasant Rd., Suite #113
Chesapeake, Virginia 23322
5. This Notice shall be sent to Radio Wise, Inc. at its address of
record.
6. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Luther Bolden
Resident Agent
Norfolk Resident Agent Office
South Central Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission