__________________________Federal Communications Commission                             DA 16-787
Before the
Federal Communications Commission
Washington, D.C.  20554
In re Application of  
Hyde County Board of Education
For Renewal of License for
Station WHYC(FM)
Swan Quarter, North Carolina
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NAL/Acct. No. MB-201641410008
FRN: 001688649
Facility ID No. 28177
File No. BRED-20110729ADL
ORDER
Adopted: July 19, 2016                           Released: July 19, 2016
By the Chief, Media Bureau:
1. In this Order, we adopt the attached Consent Decree entered into by the Media Bureau 
(Bureau) and Hyde County Board of Education (Licensee), licensee of Station WHYC(FM), Swan 
Quarter, North Carolina (Station).  The Consent Decree resolves issues arising from the Bureau’s review 
of the captioned license renewal application (Renewal Application) for the Station as to whether the 
Licensee violated: 1) Section 73.561 of the FCC’s Rules (Rules) by failing to notify the Commission 
that the Station was silent for ten or more days and by failing to seek Commission approval when a 
number of these periods of silence lasted for more than 30 days; 2) Section 73.3527 of the Rules by 
failing to retain all required documentation in the Station’s public inspection file; and 3) violating 
Section 73.3615 of the Rules by failing to file biennial ownership reports.
1
On April 28, 2016, the 
Bureau issued a Notice of Apparent Liability to Licensee in the amount of $18,000 for these violations.
2
2. The Licensee has shown that, at the time of the violations, the Station was a student-run 
noncommercial educational (NCE) station licensed to an educational institution and that the violations at 
the Station are first-time documentation violations within the parameters of our policy concerning 
violations of documentation requirements of Rules by student-run NCE radio stations.
3
  We have 
negotiated the attached Consent Decree, which provides for the Licensee to carry out a compliance plan 
that meets the requirements of the new policy and to make a civil penalty payment to the United States 
Treasury in the amount of $2,250.
                                                     
1
47 CFR §§ 73.561, 73.3527, 73.3615
2
Hyde County Board of Education, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC Rcd 
3895 (MB 2016).
3
See William Penn University, Policy Statement and Order, 28 FCC Rcd 6932, para. 2 (MB 2013) (in cases of 
“first-time violations of certain documentation requirements of our Rules by student-run NCE radio stations . . . 
instead of issuing a Notice of Apparent Liability . . . the Bureau will first afford the licensee an opportunity to 
negotiate a consent decree in which the licensee agree to a complains plan and makes a voluntary contribution to the 
United States Treasury.  In negotiating the amount of the voluntary contribution, the Bureau will consider the 
totality of circumstances, including giving appropriate consideration to the station’s finances with respect to 
reducing the base forfeiture amount significantly.”).  
__________________________Federal Communications Commission                             DA 16-787
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3. After reviewing the terms of the Consent Decree, we find that the public interest will be 
served by its approval and by terminating all pending proceedings relating to the Bureau’s consideration 
of potential violations of the Rules disclosed in Licensee’s Renewal Application.  
4. Based on the record before us, we conclude that nothing in that record creates a 
substantial or material question of fact whether Licensee possesses the basic qualifications to remain a 
Commission licensee and has satisfied the standards in Section 309(k)(1) of the Communications Act of 
1934, as amended, for renewal of the Station’s license.
5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the 
Communications Act of 1934, as amended,
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and by the authority delegated by Sections 0.61 and 0.283 of 
the FCC’s Rules,
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the Consent Decree attached hereto IS ADOPTED.
6. IT IS FURTHER ORDERED, pursuant to Section 503(b) of the Communications Act of 
1934, as amended, and Section 1.80 of the FCC’s Rules,
6
that the Notice of Apparently Liability for 
Forfeiture issued to Hyde Country Board of Education for willfully violating Sections 73.561, 73.3527, 
and 73.3615 of the FCC’s Rules IS HEREBY REDUCED to $2,250.
7. IT IS FURTHER ORDERED that the investigation by the Media Bureau of the matters 
noted above IS TERMINATED.
8. IT IS FURTHER ORDERED that copies of this Order shall be sent, by First Class and 
Certified Mail, Return Receipt Requested, to the Hyde County Board of Education, 1430 Main Street, 
Swan Quarter, NC 27885, and to its counsel, Harry F. Cole, Esq., Fletcher Heald & Hildreth, PLC, 1300 
North 17
th
Street, 11
th
Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
                                                     
4
47 U.S.C. § 4(i).
5
47 CFR §§ 0.61, 0.283. 
6
47 U.S.C. § 503(b); 47 CFR § 1.80.
__________________________Federal Communications Commission                             DA 16-787
CONSENT DECREE
I.   Introduction
1. This Consent Decree is entered into by: (a) the Media Bureau of the Federal 
Communications Commission; and (b) Hyde Country Board of Education, licensee of 
Station WHYC(FM), Swan Quarter, North Carolina.
II.   Definitions
2. For the purposes of this Consent Decree, the following definitions shall apply: 
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. §§151 et seq.;
(b) “Bureau” means the Media Bureau of the Federal Communications Commission; 
(c) “Commission” or “FCC” means the Federal Communications Commission; 
(d) “Compliance Plan” means the processes and procedures developed by the Licensee in 
an effort to ensure compliance with the Minimum Operating Schedule Rules, the 
Public File Rule, and the Ownership Report Rule, as summarized in the Appendix 
hereto;
(e) “Effective Date” means the date on which the Bureau releases the Order; 
(f) “Investigation” means the Bureau’s investigation of Licensee’s violations of the
Minimum Operating Schedule Rules, the Public File Rule, and the Ownership Report 
Rule;
(g) “Licensee” means Hyde County Board of Education, licensee of Station 
WHYC(FM), Swan Quarter, North Carolina;
(h) “Minimum Operating Schedule Reporting Rule” means Section 73.561 of the Rules, 
47 CFR § 73.561;
(i) “Order” means an order of the Bureau adopting this Consent Decree;
(j) “Ownership Report Rule” means Sections 73.3615 of the FCC’s Rules, 47 CFR § 
73.561; 
(k) “Parties” means Licensee and the Bureau;
(l) “Public File Rule” means Section 73.3527 of the Rules, 47 CFR § 73.3527;
(m) “Renewal Application” means the pending application for the renewal of the license 
for Station WHYC(FM), Swan Quarter, North Carolina (File No. BRED-
20110729ADL);
(n) “Rules” means the FCC’s regulations set forth in Title 47 of the Code of Federal 
Regulations; 
__________________________Federal Communications Commission                             DA 16-787
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(o) “Station” means WHYC(FM), Swan Quarter, North Carolina (Facility ID No. 
28177), licensed to Lincoln County School District; and
(p) “Violations” means the violations of the Minimum Operating Schedule Reporting 
Rule, the Public File Rule, and the Ownership Report Rule.
III. Background
3. On July 29, 2011, the Licensee filed the Renewal Application for the Station’s current 
license term.  Therein, the Licensee indicated that, on eight occasions, it failed to notify the Commission 
when the Station went silent and that silence lasted for ten or more days.
1
  The Board further disclosed 
that, on four occasions, it failed to seek Special Temporary Authority for the station to remain silent when 
the Station’s silence lasted 30 days or more.  The Board also admits that, since the Station’s last license 
renewal, it has failed to prepare and timely place any quarterly issues and programs lists in the Station’s 
public inspection file.
2
  Finally, the Board disclosed that it did not file any biennial ownership reports 
during this same time period.
3
  On April 28, 2016, the Bureau issued a Notice of Apparent Liability for 
Forfeiture for the Violations.
4
  The Licensee has timely disputed the NAL based on the fact that the 
Station was student-run at the time the Violations occurred.   
4. Because of the issues identified in the Bureau’s investigation, the Parties have agreed to 
enter into this Consent Decree, to which both the Licensee and the Bureau intend to be legally bound.  
IV. Agreement
5. The Parties acknowledge that any proceeding that might result from the Licensee’s 
violations of the Minimum Operating Schedule Reporting Rule, the Public File Rule, and the Ownership
Report Rule, referred to in Paragraph 3 above, would be time consuming and require substantial 
expenditure of public and private resources. In order to conserve such resources, to resolve the matter, 
and to promote the Licensee’s future compliance with the Minimum Operating Schedule Reporting Rule, 
the Public File Rule, and the Ownership Report Rule, the Parties are entering into this Consent Decree, in 
consideration of the mutual commitments made herein.
6. The Licensee and the Bureau agree to be legally bound by the terms and conditions of 
this Consent Decree.  Both the Licensee and the Bureau each represent and warrant that its signatory is 
duly authorized to enter into this Consent Decree on its behalf.  The Licensee agrees that the Bureau has 
jurisdiction over the matters contained in this Consent Decree.
7. The Parties agree and acknowledge that this Consent Decree shall constitute a final 
settlement between the Licensee and the Bureau concerning the Licensee’s Violations at the Station, as 
discussed herein.
8. In express reliance on the covenants and representations in this Consent Decree, the 
Bureau agrees that it will not use the Violations in any action against the Licensee, provided that the 
                                                     
1
Renewal Application, Exh. 13.  
2
Id.
3
Id., Exh. 9.
4
See Hyde County Board of Education, Memorandum Opinion and Order and Notice of Apparent Liability, 31 FCC 
Rcd 3895 (MB 2016) (NAL).
__________________________Federal Communications Commission                             DA 16-787
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Licensee satisfies all of its obligations under this Consent Decree.  In the event that the Licensee fails to 
satisfy any of its obligations under this Consent Decree, the Bureau may take any enforcement action 
available pursuant to the Act and the Rules with respect to each Violation, and/or the violation of this 
Consent Decree.
9. The Licensee hereby stipulates that it violated the Minimum Operating Schedule 
Reporting Rule, the Public File Rule, and the Ownership Report Rule to the extent described in Paragraph 
3 above.  
10. The Bureau has agreed to accept and Licensee has agreed to make a civil penalty 
payment to the United States Treasury in the amount of Two Thousand Two Hundred and Fifty Dollars 
($2,250) within thirty (30) calendar days after the Effective Date.  Licensee will also send electronic 
notification of payment to Alexander Sanjenis at Alexander.Sanjenis@fcc.gov and Penelope Dade at 
Penelope.Dade@fcc.gov on the date said payment is made.  Such payment will be made, without further 
protest or recourse to a trial de novo, by a check or similar instrument, wire transfer or credit card and 
must include the Account Number and FRN referenced in the caption to the Order.  Regardless of the
form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted.
  
When
completing the FCC Form 159, enter the Account Number in block number 23A (call sign/other ID)
and enter the letters “FORF” in block number 24A (payment type code).  Below are additional 
instructions that should be followed based on the form of payment selected:  
? Payment by check or money order must be made payable to the order of the 
Federal Communications Commission. Such payments (along with the completed Form
159) must be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox
#979088, SL-MO-C2- GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S.
Bank at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information
on FCC Form 159 and signing and dating the Form 159 to authorize the credit card
payment.  The completed Form 159 must then be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to 
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
11. The Bureau will grant the pending Renewal Application for the Station (File No. BRED-
20110729ADL) after the Effective Date, provided that the following conditions have been met: 1) the 
Licensee has fully and timely satisfied its obligation to make the payment referenced in Paragraph 10 of 
this Decree; and 2) there are no issues other than the Violations that would preclude the grant of the 
Renewal Application.
5
  
12. The Licensee represents that, in addition to its existing policies and procedures, it has 
adopted, is currently in the process of implementing, and agrees to abide by the Compliance Plan for the 
                                                     
5
The NAL proposed a two-year license renewal for the Station.  NAL, 31 FCC Rcd at 3900, paras. 17-19.  However, 
the renewal cycle for North Carolina radio stations will occur in 2019, and in the meantime the Licensee will be 
subject to the Compliance Plan.  Thus, we find that the proposed short-term renewal is unnecessary.
__________________________Federal Communications Commission                             DA 16-787
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purpose of ensuring compliance with the Minimum Operating Schedule Reporting Rule, the Public File 
Rule, and the Ownership Report Rule.  Licensee agrees, to the extent that it has not already done so, to 
implement this Compliance Plan at the Station no later than thirty (30) days after the Effective Date and 
to keep such Compliance Plan in effect for three (3) years after the Effective Date.
13. The Licensee represents that, as of the date of its execution of this Consent Decree, the 
Station’s public inspection file fully comports with the Public File Rule except as described in Paragraph 
3 above.
14. The Licensee agrees that it is required to comply with each individual condition of this 
Consent Decree.  Each specific condition is a separate condition of the Consent Decree as approved.  To 
the extent the Licensee fails to satisfy any condition, in the absence of Commission alteration of the 
condition or Rule, it will be deemed noncompliant and may be subject to possible enforcement action, 
including, but not limited to, designation of the matter for hearing, letters of admonishment, or forfeitures.
15. The Consent Decree will be binding on the Licensee’s successors-in-interest and assigns.  
The Licensee agrees that any future application to assign or transfer control of the Station will include a 
statement executed by an authorized representative of the proposed assignee or transferee consenting to 
assumption of the responsibilities and duties set forth in this Consent Decree with regard to the Station.
16. The Licensee waives any and all rights that it may have to seek administrative or judicial 
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent 
Decree and the Order, provided that the Order adopts the Consent Decree without change, addition or 
modification.
17. The Licensee waives any claims that it may otherwise have under the Equal Access to 
Justice Act, 5 U.S.C. § 504 and 47 CFR § 1.1501 et seq., relating to the matters discussed in this Consent 
Decree.
18. The Board and the Bureau agree that the effectiveness of this Consent Decree is expressly 
contingent upon issuance of the Order, provided that the Order adopts the Consent Decree without 
change, addition, or modification.
19. If any Party (or the United States on behalf of the FCC) brings a judicial action to enforce 
the terms of the Order, none of the Parties shall contest the continuing validity of the Consent Decree or 
the Order.  The Licensee and the Bureau further agree that they will waive any statutory right to a trial de 
novo with respect to any matter upon which the Order is based (provided in each case that the Order is 
limited to adopting the Consent Decree without change, addition, or modification), and that they will 
consent to a judgment incorporating the terms of this Consent Decree.  
20. In the event that this Consent Decree is rendered invalid by any court of competent 
jurisdiction, this Consent Decree shall become null and void and may not be used in any manner in any 
legal proceeding.
21. This Consent Decree may be signed in counterparts and/or by telecopy and, when so 
executed, the counterparts, taken together, will constitute a legally binding and enforceable instrument 
whether executed by telecopy or by original signatures.
__________________________Federal Communications Commission                             DA 16-787
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MEDIA BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By:  ____________________________________
       William T. Lake, Chief 
Date:  __________________________________
HYDE COUNTY BOARD OF EDUCATION
By: _________________________________________
Dr. Randolph H. Latimore, Sr.
Superintendent of Hyde County Schools and Board 
Secretary
Date:  __________________________________
__________________________Federal Communications Commission                             DA 16-787
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APPENDIX
COMPLIANCE PLAN OF HYDE COUNTY BOARD OF EDUCATION
For the duration of the license term ending December 1, 2019, unless a different time period is specified 
below, Hyde County Board of Education or its successors-in-interest, as appropriate, will institute and 
maintain the following procedures to ensure compliance with the Commission’s Rules. Unless otherwise 
provided, all terms defined in the Consent Decree apply to this Compliance Plan.
I. A. The program hosts and other appropriate staff of the Station will log all broadcasts of 
public affairs programming. These logs will be compiled into quarterly issues/programs 
lists and will be timely placed in the public file of the Station in accordance with the 
Public File Rule.
B. All such quarterly issues/programs lists will be signed and dated by their preparer before 
they are placed in the public file.
C. Late-filed lists will be reviewed and signed by Vanessa Bryant, faculty advisor to the 
Station (or such other non-student employee of the Board who may be the successor 
supervisor of the volunteer student staff of the Station, hereinafter the Faculty Advisor) 
and accompanied with a statement indicating the nature of the document, the date placed 
in the public file, and the reason for the late filing.
D. On or before September 1 of each year in which the Board must file a biennial Ownership 
Report, the Faculty Advisor and/or the Board’s legal counsel will consult with 
appropriate Board officials to ensure the timely and accurate filing of the required 
Ownership Report. 
E. The Faculty Advisor will explain and emphasize to the volunteer student staff of the 
Station the absolute requirement to follow all Commission Rules, regulations, and 
policies and will fully explain the obligations imposed by the Public File Rule to the 
student staff member or members charged with maintenance of the Station’s public files.
Should the Board or Faculty Advisor learn that the Public File Rule has been violated, the 
student responsible will be subject to appropriate disciplinary action, including being 
removed from any duties relating to the Public File.
F. The Board will train each member of the Station’s staff not less than annually concerning 
the Rules as they apply to the Station.
G. The Board will engage a consulting engineer to conduct a semi-annual audit of the 
Station’s technical operations.
II. For a period of three years from the date of the Effective Date, the Board, or successor licensee, 
as appropriate, will conduct semi-annual in-house reviews of the Station’s public inspection file. 
Such reviews will be undertaken by the Faculty Advisor or by a successor non-student official 
designated by the Board or by a successor licensee’s chief executive officer.
III. On or before August 1 of 2016, 2017 and 2018, the Board will submit a sworn certification to the 
Commission, signed by an officer of the Board, affirming that the Station is in compliance with 
the Rules. If the Board cannot truthfully make this certification, it shall set forth in detail any 
__________________________Federal Communications Commission                             DA 16-787
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Violations or deficiencies and describe any corrective measures taken. A copy will be served on 
Peter H. Doyle, Chief Audio Division, Media Bureau, Federal Communications Commission and 
e-mailed to him at peter.doyle@fcc.gov.
IV. The Compliance Plan, set forth above, will be under the direct supervision of the Faculty Advisor 
or a successor non-student official designated by the Board or by a successor licensee’s general 
manager or other comparable official who actively oversees the Station’s broadcast operations.