NOV - Educational Media Foundation, WKVK(FM), Leasburg, NC

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In the Matter of 


Educational Media Foundation 
Licensee of Radio Station WK VK(FM) 
Leasburg, North Carolina 


Federal Communications Commission 


Before the 
Federal Communications Commission 
Washington, D.C. 20554 


File No. EB-09-NF-0122 


NOV No. V201032640001 


ee ee ee ee a 


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 WK VK. 


On November 24, 2009, an agent of the Commission’s Norfolk Office of the Enforcement Bureau 
inspected radio station WK VK 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 WK VK 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. § 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.” 


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). 


'47 C.F.R. § 1.89. 


? 47 C.F.R. § 73.3 17(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)). 


3 47 U.S.C. § 308(b). 


Federal Communications Commission 


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 


447 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. § 552a(e)(3). 


18 U.S.C. § 1001 et seq. 


Federal Communications Commission 


Send original to: 


Educational Media Foundation 
1425 N. Market Boulevard 
Sacramento CA 94834