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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Rhonda Worrell ) File No.: EB-FIELDSCR-13-00012938

   Licensee of AM Station WVCB )

   ) NOV No.: V201432640005

   Shallotte, North Carolina )

   ) Facility ID: 31573

                              NOTICE OF VIOLATION

   Released: March 18, 2014

   By the Resident Agent, Norfolk Office, South Central Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Rhonda Worrell, licensee of AM
       Station WVCB in Shallotte, North Carolina. Pursuant to Section 1.89(a)
       of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation(s)
       noted herein.^

    2. On December 16, 2013, an agent of the Enforcement Bureau's Norfolk
       Office monitored the signal of Station WVCB, located at HWY 17, 4640
       Main Street, Shallotte, North Carolina and observed the following

     a. 47 C.F.R. S 73.99(d)(4): "Postsunset service authorizations (PSSA)
        permit: Class D stations on regional channels to commence PSSA
        operation at sunset times specified on their basic instruments of
        authorization and to continue such operation until two hours past
        such specified times." At the time of inspection, Station WVCB failed
        to commence PSSA operation at sunset times specified on their basic
        instrument of authorization. The station continued to transmit an
        unmodulated signal at the same power after sunset as before sunset.

    3. On December 17, 2013, the agent inspected Station WVCB's main studio

   observed the following additional violations. :

   a. 47 C.F.R. S11.35(a): "EAS Participants are responsible for ensuring
   that EAS Encoders, EAS Decoders, Attention Signal generating and receiving
   equipment, and Intermediate Devices used as part of the EAS to decode
   and/or encode messages formatted in the EAS Protocol and/or the Common
   Alerting Protocol are installed so that the monitoring and transmitting
   functions are available during the times the stations and systems are in
   operation. Additionally, EAS Participants must determine the cause of any
   failure to receive the required tests or activations specified in
   S11.61(a)(1) and (2). Appropriate entries indicating reasons why any tests
   were not received must be made in the broadcast station log as specified
   in SS73.1820 and 73.1840 of this chapter for all broadcast streams and
   cable system records as specified in SS76.1700, 76.1708, and 76.1711 of
   this chapter. All other EAS Participants must also keep records indicating
   reasons why any tests were not received and these records must be retained
   for two years, maintained at the EAS Participant's headquarters, and made
   available for public inspection upon reasonable request." At the time of
   inspection, there was no power connected to the EAS equipment, and Ms.
   Worrell, who also serves as the station manager, stated that the EAS
   equipment was inoperative. The station also had no EAS log entries
   indicating why EAS tests had not been received.

   b. 47 C.F.R S 11.61(a): "EAS Participants shall conduct tests at regular
   intervals, as specified in paragraphs (a)(1) and (a)(2) of this section.
   Additional tests may be performed anytime. EAS activations and special
   tests may be performed in lieu of required tests as specified in paragraph
   (a)(4) of this section. All tests will conform with the procedures in the
   EAS Operating Handbook." At the time of the inspection, Ms. Worrell stated
   that no EAS tests had been sent or received for over six months or more.

   c. 47 C.F.R S 11.56: "Notwithstanding anything herein to the contrary ,
   all EAS Participants must be able to receive CAP-formatted EAS alerts no
   later than 180 days after FEMA publishes the technical standards and
   requirement for such FEMA transmissions." At the time of inspection, Ms.
   Worrell admitted that the station was without required Common Alerting
   Protocol (CAP) capability.

   d. 47 C.F.R. S 73.49: "Antenna towers having radio frequency potential at
   the base (series fed, folded unipole, and insulated base antennas) must be
   enclosed within effective locked fences or other enclosures. Ready access
   must be provided to each antenna tower base for meter reading and
   maintenance purposes at all times. However, individual tower fences need
   not be installed if the towers are contained within a protective property
   fence." At the time of the inspection, neither Ms. Worrell nor handyman
   could provide ready access to the base of the tower. Both the lock to the
   base fence and the enclosure for the antenna base current meter were so
   corroded that they were not able to be opened.

   e 47 C.F.R. S 73.1125(a): ". . . each AM, FM, and TV broadcast station
   shall maintain a main studio . . ." The Commission has interpreted Section
   73.1125 (also known as the Main Studio Rule) to require, among other
   things, that a licensee maintain a "meaningful management and staff
   presence" at its main studio.^ Specifically, the Commission has found that
   a main studio "must, at a minimum, maintain full-time managerial and
   full-time staff personnel."^ On the day of inspection, the main studio was
   locked and unattended between the regular business hours of 10:00 am and
   2:00 pm, and there was no information available for contacting the

   f. 47 C.F.R. S 73.3541: "(a) The FCC shall be notified in writing promptly
   of the death or legal disability of an individual permittee or license ...
   . (b) Within 30 days after the occurrence of such death or legal
   disability, an application on FCC Form 316 shall be filed requesting
   consent to involuntary assignment of such permit or license or for
   involuntary transfer of control of such corporation to a person or entity
   legally qualified to succeed to the foregoing interests under the laws of
   the place having jurisdiction over the estate involved." John G. Worrell,
   licensee of Station WVCB, passed away in 2005. His daughter, Rhonda
   Worrell, inherited his estate. However, as of March 12, 2014, she has not
   filed FCC Form 316 for an involuntary assignment of the station.

   g. 47 C.F.R S 73.3526(a)(2): "Every permittee or licensee of an AM, FM, TV
   or Class A TV station in the commercial broadcast service shall maintain a
   public inspection file containing the material, relating to that station,
   described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of
   this section. In addition, ... every permittee or licensee of a commercial
   AM or FM station shall maintain for public inspection a file containing
   the material, relating to that station, described in paragraphs (e)(12)
   and (e)(14) of this section. A separate file shall be maintained for each
   station for which an authorization is outstanding, and the file shall be
   maintained so long as an authorization to operate the station is
   outstanding." In response to a request to inspect the file, Ms. Worrell
   admitted that Station WVCB did not maintain a public inspection file.

    4. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its licensees.

    5. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Ms. Worrell must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    6. In accordance with Section 1.16 of the Rules, we direct Ms. Worrell to
       support her response to this Notice with a signed and dated affidavit
       or declaration under penalty of perjury, verifying the truth and
       accuracy of the information therein,^ and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.^

    7. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and marked to
       the following address:

   Federal Communications Commission

   Norfolk Office

   1457 Mount Pleasant Rd., Suite 113

   Chesapeake, Virginia, 23322

    8. This Notice shall be sent to Rhonda Worrell at her address of record.
       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.


   Luther Bolden

   Resident Agent

   Norfolk District Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the
   Main Studio and Program Origination Rules for Radio and Television
   Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026
   (1988) (Main Studio and Program Origination Rules), erratum issued, 3 FCC
   Rcd 5717 (1988) (correcting language in n.29).

   ^ See  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and
   Order, 6 FCC Rcd 3615, 3616 & n.2 (1991)  (noting that, "This is not to
   say that the same staff person and manager must be assigned full-time to
   the main studio. Rather, there must be management and staff presence on a
   full-time basis during normal business hours to be considered
   `meaningful.'"), clarified, 7 FCC Rcd 6800 (1992)  (Jones Eastern II).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission