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

                                 CORRECTED COPY

   In the Matter of )

   )

   Red Zebra Broadcasting Licensee, LLC ) File No. EB-07-CF-302

   )

   Licensee of Radio Station WWXX )

   Facility ID # 16819 ) NOV No. V200932340001

   Warrenton, Virginia )

   )

   Licensee of Radio Station WWXT )

   Facility ID # 43277 )

   Prince Frederick, Maryland )

   )

                              NOTICE OF VIOLATION

   Released: October 24, 2008

   By the District Director, Columbia Field Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Red Zebra Broadcasting Licensee, LLC
       ("Red Zebra"), licensee of radio station WWXX in Warrenton, Virginia
       and radio station WWXT in Prince Frederick, Maryland.

    2. On November 27, 2007, agents of the Commission's Columbia Field Office
       inspected radio station WWXX located at 7308 Cedar Run Drive,
       Warrenton, Virginia and observed the following violation:

   47 C.F.R. S: 73.1125(a): "FM. . .broadcast station[s] shall maintain a
   main studio. . . ." "A station must equip the main studio with production
   and transmission facilities that meet applicable standards, maintain
   continuous program transmission capability, and maintain a meaningful
   management and staff presence."   The Commission has defined a minimally
   acceptable "meaningful presence" as full-time managerial and full-time
   staff personnel. Based on the inspection and Red Zebra's subsequent
   response to a Letter of Inquiry dated February 25, 2008, agents determined
   that Red Zebra failed to maintain a full-time managerial presence.

    3. On December 12, 2007, agents of the Commission's Columbia Field Office
       inspected radio station WWXX located at 8121 Georgia Avenue, Suite
       1050, Silver Spring, Maryland, and observed the following violations:

     a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in S:S:11.35(a) and 11.54(b)(13)." A review of
        the station's records revealed that, as of December 2006, the records
        contained no entries specifically documenting the receipt or
        activation of EAS tests or the reasons why the tests had not been
        transmitted or received by WWXX. Although the station had piles of
        EAS printer tapes, it was impossible to determine whether the tapes
        belonged to station WWXX and, even assuming all of the tapes belonged
        to station WWXX, there were no EAS logs before October 2007.

     b. 47 C.F.R. S: 73.1870(c)(3): The chief operator is responsible for
        "[r]eview of the station records [including EAS] at least once a 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 the inspection, there was no evidence
        that the chief operator was reviewing the EAS logs, which as noted
        above consisted of piles of EAS printer tapes.

    4. On December 12, 2007, agents of the Commission's Columbia Field Office
       inspected radio station WWXT located at 8121 Georgia Avenue, Suite
       1050, Silver Spring, Maryland, and observed the following violations:

     a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in S:S:11.35(a) and 11.54(b)(13)." At the time
        of inspection, the broadcast station records contained no entries
        documenting the transmission of required weekly and monthly tests
        since December 2006. No entries were found indicating the reasons why
        the tests had not been transmitted or received.

     b. 47 C.F.R. S: 73.1870(c)(3): The chief operator is responsible for
        "[r]eview of the station records [including EAS] at least once a 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 the inspection, there was no evidence
        that the chief operator was reviewing the EAS logs, which as noted
        above consisted of piles of EAS printer tapes.

    5. Based on an inspection attempted on December 12, 2007, at 9672
       Marlboro Pike, Suite H, Upper Marlboro, MD, and Red Zebra's subsequent
       response to a Letter of Inquiry dated February 25, 2008, we note the
       following violation:

   47 C.F.R. S: 73.1125(a): "FM. . .broadcast station[s] shall maintain a
   main studio. . . ." "A station must equip the main studio with production
   and transmission facilities that meet applicable standards, maintain
   continuous program transmission capability, and maintain a meaningful
   management and staff presence."   The Commission has defined a minimally
   acceptable "meaningful presence" as full-time managerial and full-time
   staff personnel. By its own admission, Red Zebra failed to maintain a
   full-time managerial presence.

    6. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Red Zebra, 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 Red
       Zebra. 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

   Columbia Field Office

   9200 Farm House Lane

   Columbia, MD 21046

    7. This Notice shall be sent to Red Zebra at its address of record.

    8. 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

   James T. Higgins

   District Director

   Columbia Field Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., 7 FCC Rcd 6800, 6802 (1992).

   See supra n.2.

   See supra n.3.

   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

   3

                       Federal Communications Commission