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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of )

   )

   WYDC, Inc. ) File No.: EB-FIELDNER-13-00011091

   Licensee of Station W16BE-D )

     )

   Hornell, New York ) NOV No.: V201332400050

   )

   NOTICE OF VIOLATION

   Released: September 24, 2013

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to WYDC, Inc. (WYDC), licensee of
       Low Power Television Station W16BE-D in Hornell, New York. 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 noted herein.^

    2. On August 21, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected Station W16BE-D located in Hornell, New York and
       observed the following violations:

     a. 47 C.F.R. S 74.734(a)(2): "The transmitter also shall be equipped
        with suitable automatic circuits that will place it in a nonradiating
        condition in the absence of a signal on the input channel or
        circuit." The transmitter did not have a functioning automatic
        circuit to place it in a nonradiating condition in the absence of a
        signal on the input. At the time of inspection, the agents found the
        station transmitting a signal without any television programming.
        WYDC later admitted that the input feed of the transmitter was not
        receiving any signal.

     b. 47 C.F.R. S 74.765(b): "The call sign of the station, together with
        the name, address, and telephone number of the licensee or local
        representative of the licensee, if the licensee does not reside in
        the community served by the station, and the name and address of the
        person and place where the station records are maintained, shall be
        displayed at the transmitter site on the structure supporting the
        transmitting antenna, so as to be visible to a person standing on the
        ground. The display shall be maintained in legible condition by the
        licensee." At the time of inspection, the agent observed that the
        required sign was not posted.

    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 violation and any remedial actions taken.
       Therefore, WYDC 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 WYDC to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       WYDC with personal knowledge of the representations provided in WYDC'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

   Philadelphia Office

   One Oxford Valley Building Office, Suite 404

   2300 E. Lincoln Highway

   Langhorne, Pennsylvania 19047

    6. This Notice shall be sent to WYDC, Inc. 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

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast 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

   3

   Federal Communications Commission