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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Backyard Broadcasting Elmira Licensee, LLC ) File No. EB-06-BF-050

   Licensee of Radio Stations WWLZ, WNGZ, WPGI, ) EB-06-BF-052

   and WTYX ) EB-06-BF-053

   Horseheads, Mountour Falls, Horseheads, and ) EB-06-BF-051

   Watkins Glen, New York )


   Facility ID #s 10687, 49449, 10688, and 49446 ) NOV No. V20063228013

                                 CORRECTED COPY

                              NOTICE OF VIOLATION

   Released: April 3, 2006

   By the Resident Agent, Buffalo Office, Northeast, Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Backyard Broadcasting Elmira
       Licensee, LLC, licensee of radio stations WWLZ, Horseheads, NY, WNGZ,
       Montour Falls, NY, WPGI, Horseheads, NY, and WTYX, Watkins Glen, NY.

    2. On March7, 2006, an agent of the Commission's Buffalo Office inspected
       radio stations WWLZ, WNGZ, WPGI, and WTYX.. These stations are
       collocated, with shared EAS equipment, at 2205 College Avenue, Elmira,
       New York, 14903. During the inspection, the agent observed the
       following violations:

     a. 47 C.F.R. S 73.1820(a)(1)(iii): An entry of each test and activation
        of the Emergency Alert System (EAS) pursuant to the requirement of
        part 11 of this chapter and the EAS Operating Handbook. Stations may
        keep EAS data in a special EAS log, which shall be maintained at a
        convenient location[.] At the time of the inspection, there were
        several gaps without entries for monthly or weekly EAS tests.

     b. 47 C.F.R. S 73.1870(c)(3): "The chief operator is responsible for the
        completion of the following duties specified in this paragraph
        below...Review of the station records 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, the agent observed that the Chief
        Operator had failed to sign or date the station logs at least once a

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Backyard
       Broadcasting Elmira Licensee, LLC, 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 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

   Buffalo Office

   6400 Sheridan Drive, Suite 140, Box 6

   Williamsville, New York 14221

    4. This Notice shall be sent to Backyard Broadcasting Elmira Licensee,
       LLC 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.


   Gene J. Stanbro

   Resident Agent

   Buffalo Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   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


                       Federal Communications Commission