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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Scottsboro )  File No. EB-FIELDSCR-1300006332

   Licensee of Radio Station KBK852 )  NOV No. V201332480001

   )

   Scottsboro, AL )

   )

                              NOTICE OF VIOLATION

   Released: February 4, 2013

   By the District Director, Atlanta 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 City of Scottsboro, licensee of
       radio station KBK852 in Scottsboro, Alabama.  Pursuant to Section
       1.89(a) of the Rules, issuance of this NOV 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 January 28, 2013, in response to a complaint of interference, an
       agent of the Enforcement Bureau's Atlanta's Office monitored and
       inspected radio station KBK852 located at Meadowbrook Dr, Scottsboro,
       Alabama and observed the following violation(s):

     a. 47 C.F.R. S 1.903(a) "Stations in the Wireless Radio Services must be
        used and operated only in accordance with the rules applicable to
        their particular services as set forth in this title and with a valid
        authorization granted by the Commission..." At the time of the
        inspection, City of Scottsboro operated a repeater station (FB2) on
        the frequency 155.1000 MHz without authorization.  The license for
        the station KBK852 only authorizes the operation of a fixed base (FB)
        station.

    3. 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, City of Scottsboro 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.^

    4. In accordance with Section 1.16 of the Rules, we direct City of
       Scottsboro to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of City of Scottsboro with personal knowledge of
       the representations provided in City of Scottsboro's response,
       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.^

    5. 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

   Atlanta Office

   3575 Koger Blvd, Ste 320

   Duluth, GA 30096

    6. This Notice shall be sent to City of Scottsboro at its address of
       record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Douglas Miller

   District Director

   Atlanta  District Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ 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

   2

                       Federal Communications Commission