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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Educational Media Foundation ) File No. EB-09-NF-0122
Licensee of Radio Station WKVK(FM) )
Leasburg, North Carolina ) NOV No. V201032640001
)
NOTICE OF VIOLATION
Released: December 16, 2009
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 ("Rules"), to Educational Media
Foundation, licensee of radio station WKVK.
2. On November 24, 2009, an agent of the Commission's Norfolk Office of
the Enforcement Bureau inspected radio station WKVK located in
Leasburg, North Carolina in response to a complaint from the Federal
Aviation Administration about interrference to navigation aids at the
Raleigh-Durham International Airport. Station WKVK is authorized to
transmit on 106.7 MHz to the community of Semora, North Carolina from
antenna structure number 1033162, located at latitude 36 25 08.0 north
and longitude 079 11 48.0 west. During inspection of the station
facilities, the agent observed the following violation:
47 C.F.R. S: 73.317(b): "Any emission appearing on a frequency removed
from the carrier by more than 600 kHz must be attenuated at least 43 + 10
Log10(Power, in watts) dB below the level of the unmodulated carrier, or
80 dB, whichever is the lesser attenuation..." On several frequencies
removed from the carrier frequency by 600kHz or more, emissions were
suppressed by less than the 80db. For example, the amplitude of one
emission on a frequency 2.8MHz removed from the carrier frequency was
suppressed by only 30.0db.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, Educational Media Foundation,
must submit a written statement concerning this matter within thirty
(30) 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).
Specifically, pursuant to Section 73.1590(d) of the Rules, provide
all of the data required by paragraph (b) of the same section,
together with the manufacturer names, model and serial numbers of each
transmission system component, and include information that clearly
depicts compliance with Section 73.317 of the Rules. In addition,
submit a schedule of the period and a description of the procedures
Educational Media Foundation will use for future transmission system
inspections pursuant to Section 73.1580 of the Rules. 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
4. This Notice shall be sent to Educational Media Foundation at its
address of record.
5. 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
Joseph P. Husnay
Resident Agent
Norfolk District Office
South Central Region
Enforcement Bureau
Send original to:
Educational Media Foundation
1425 N. Market Boulevard
Sacramento CA 94834
47 C.F.R. S: 1.89.
47 C.F.R. S: 73.317(b). At the time of inspection, the indirect method of
power measurement indicated that WKVK transmitted with a power (18kW) that
resulted in 80db being less than (43 + 10 Log10(Power, in watts)).
47 U.S.C. S: 308(b).
47 C.F.R. 73.1590 (requiring broadcast licensees to take measurements of
spurious and harmonic emissions to show compliance with, among other
things, Section 73.317 of the Rules and to maintain that data for 2
years).
47 C.F.R. 73.1580 (requiring broadcast licensees to conduct periodic
complete inspections of transmitting systems and all required monitors to
ensure proper station operation).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
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Federal Communications Commission