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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )


   ZGS Raleigh Inc. ) File No. EB-FIELDSCR-13-00007237

   Licensee of Radio Station WZGS-CA )

   Facility ID # 41095 ) NOV No. V201332640001

   Raleigh North Carolina )


   Released: April 8, 2013

   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 ZGS RALEIGH INC (ZGS) licensee
       of television station WZGS-CA, Raleigh, 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. The FCC issued a license to ZGS authorizing Class A television
       transmissions to the community of Raleigh North Carolina on channel 44
       (650 - 656 MHz). The license authorizes ZGS to operate with the
       transmitter used under a previous LPTV license provided such operation
       does not cause interference.^ The license explicitly requires ZGS to
       operate in compliance with Low Power Television (LPTV) Rule Section
       74.750,^ and the station use an FCC authorized transmitter.^

    3. On January 30, 2013, agents of the Commission's Norfolk Office
       inspected WZGS-CA located at 6107 Chapel Hill Road and observed the
       following violation(s):

   a. 47 C.F.R. S 74.750(c)(2)(iii). ". . . All other emissions appearing on
   frequencies more than 3 megacycles above or below the upper and lower
   edges, respectively, of the assigned channel shall be attenuated no less
   than: . . . (iii) 60 dB for transmitters rated at more than 100 watts
   power output." Station WZGS-CA operated with more than 100W of power while
   energy observed from the station transmitter more than 3MHz removed from
   the assigned channel was attenuated less than 60dB. Insufficient
   attenuation contributed to interference to Part 27 Miscellaneous Wireless
   Communications Services. Agents from the Norfolk Office conducted on/off
   testing with ZGS and confirmed that Station WZGS-CA was the source of the

    4. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, ZGS, 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). In addition, the response
       must provide evidence that WZGS is operating with authorized
       equipment, the WZGS transmission system meets applicable attenuation
       requirements, and it has acted to correct the interference.^ The
       response must be complete in itself and signed by a principal or
       officer of the ZGS. 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

    5. This Notice shall be sent to ZGS  at its address of record.

    6. 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.^


   Joseph P. Husnay

   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).

   ^ See 47 C.F.R. S 73.6024(b). "A Class A TV station may continue to
   operate with the transmitter operated under its previous LPTV license
   provided such operation does not cause any condition of uncorrectable
   interference... due to radiation of radio frequency energy outside of the
   assigned channel. Such operation must continue to meet the requirements of
   SS 74.736 and 74.750 of this chapter."

   ^ See FCC Class A Broadcast Station License BLTTA-20090127ACI.

   ^ 47 C.F.R. S 74.750(a).

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

   ^ See 47 C.F.R. SS 2.955, 74.750(c)(2)(iii).

   ^ 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