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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Metro Radio, Inc. ) File No.: EB-FIELDNER-13-00012019

   Licensee of AM Station WTNT )

   ) NOV No.: V201432340002

   )

   ) Facility ID: 70036

   Alexandria, Virginia )

                              NOTICE OF VIOLATION

   Released: November 19, 2013

   By the District Director, Columbia 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 Metro Radio, Inc., licensee of
       AM Station WTNT in Alexandria, Virginia. 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 October 30,2013, during normal business hours an agent of the
       Enforcement Bureau's Columbia Office inspected Station WTNT located at
       11240 Waples Mill Rd, Suite 405, Alexandria, Virginia and observed the
       following violation:

   47 C.F.R. S 73.1745(a): "No broadcast station shall operate at times, or
   with modes or power, other than those specified and made a part of the
   license, unless otherwise provided in this part." At the time of the
   inspection, when set in nighttime mode the agent observed that Station
   WTNT was operating above its authorized nighttime power of 25 Watts.

    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, Metro Radio, Inc. 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 Metro Radio,
       Inc. to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Metro Radio, Inc. with personal knowledge of the
       representations provided in Metro Radio, Inc.'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

   Columbia Office

   9200 Farm House Lane

   Columbia, Maryland, 21046

    6. This Notice shall be sent to Metro Radio, 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

   Salomon Satche

   District Director

   Columbia District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^3 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