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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   North Alabama Public Service Broadcasters ) File No.:
   EB-FIELDSCR-13-00011871

   Licensee of Station WQJJ-LP )

   ) NOV No.: V201432480003

   )

   Jasper Alabama ) Facility ID: 135721

   )

                              NOTICE OF VIOLATION

   Released: November 12, 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 North Alabama Public Service
       Broadcasters, licensee of radio station WQJJ-LP in Jasper, Alabama.
       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. On September 21, 2013, an agent of the Enforcement Bureau's Atlanta
       Office monitored Station WQJJ-LP located in Jasper, Alabama and
       observed the following violation(s):

     a. 47 C.F.R. S 73.845: "Each LPFM licensee is responsible for
        maintaining and operating its broadcast station in a manner which
        complies with the technical rules set forth elsewhere in this part
        and in accordance with the terms of the station authorization." On
        September 5, 2013, Station WQJJ-LP was granted Special Temporary
        Authority to operate from 33DEG 52' 27.4" N, 087DEG 17' 13.6" W. ^ ^
        On September 21, 2013, the agent observed that Station WQJJ-LP was
        transmitting near coordinates 33DEG 54' 31" N, 087DEG 13' 04 W,
        approximately 4.6 miles from its authorized location.

    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, North Alabama Public Service Broadcasters  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 North Alabama
       Public Service Broadcasters to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of North Alabama Public Service
       Broadcasters with personal knowledge of the representations provided
       in North Alabama Public Service Broadcasters' 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., Suite 320

   Duluth, GA 30096

    6. This Notice shall be sent to North Alabama Public Service Broadcasters
       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).

   ^ See File No. BSTA-20130826AEU. Station WQJJ-LP's Special Temporary
   Authority expires March 4, 2014.

   ^ 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