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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   East Tennessee State University ) File No.: EB-FIELDSCR-13-00013321

   Licensee of Station W218BW )

   ) NOV No.: V201432640006

   )

   Johnson City, Tennessee ) Facility ID: 18255

   )

                              NOTICE OF VIOLATION

   Released: March 26, 2014

   By the Resident Agent, Norfolk Resident Agent 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 East Tennessee State University,
       license of FM Translator Station W218BW in Lenoir, 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. On December 19, 2013, an agent of the Enforcement Bureau's Norfolk
       Resident Agent Office inspected the structure supporting the
       transmitting antenna for Station W218W located in Lenoir, North
       Carolina and observed the following violation:

     a. 47 C.F.R. S 74.1265(b): "The call sign of the translator or booster
        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 translator or booster, and the
        name and address of a person and place where station records are
        maintained, shall be displayed at the translator or booster site on
        the structure supporting the transmitting antenna, so as to be
        visible to a person standing on the ground at the transmitter site.
        The display shall be prepared to withstand normal weathering for a
        reasonable period of time and shall be maintained in legible
        condition by the licensee." At the time of inspection, no information
        concerning FM Translator Station W218BW was displayed at the
        translator site on the structure supporting the transmitting antenna
        that was visible to the FCC agent standing on the ground.

     b. 47 C.F.R S 74.1284 (b): "The licensee of an FM translator shall not
        rebroadcast the programs of any AM or FM broadcast station or other
        FM translator without obtaining prior consent of the primary station
        whose programs are proposed to be retransmitted. The Commission shall
        be notified of the call letters of each station rebroadcast and the
        licensee of the FM translator shall certify that written consent has
        been received from the licensee of the station whose programs are
        retransmitted." At the time of inspection, the licensee admitted that
        it was rebroadcasting the programming of FM broadcast station WYRN
        without obtaining prior consent, written or verbal.

     c. 47 C.F.R. S 74.1261(b): " The licensee of an FM translator or booster
        station with an authorized transmitter power output greater than 10
        watts shall maintain the center frequency at the output of the
        translator or booster station in compliance with the requirement of
        S73.1545(b)(1) of this chapter." (may not exceed +-2000 Hz from the
        assigned frequency.) At the time of inspection, the frequency of the
        FM Translator W218BW exceeded its assigned frequency by -400 kHz.

    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 action taken.
       Therefore, East Tennessee State University 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 East Tennessee
       State University to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of East Tennessee State University with personal
       knowledge of the representations provided in East Tennessee State
       University'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

   Norfolk Office

   1457 Mount Pleasant Rd., Suite 113

   Chesapeake, Virginia 23322

    6. This Notice shall be sent to East Tennessee State University at its
       address of record. 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

   Luther Bolden

   Resident Agent

   Norfolk 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

   3

                       Federal Communications Commission