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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of ) File No.: EB-FIELDSCR-14-00017811

   )

   Victory Publishing Company, LTD. ) NOV No.: V20153250003

   )

   Licensee of Station KBEY-FM ) Facility ID: 40764

   )

   Burnet, Texas )

   )

                              NOTICE OF VIOLATION

   Released: December 5, 2014

   By the District Director, Dallas 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 Victory Publishing Company,
       LTD., licensee of Station KBEY-FM in Burnet, Texas. 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. An agent of the Enforcement Bureau's Dallas Office investigated a
       complaint that Station KBEY-FM was using its auxiliary transmitters to
       broadcast different football games in Burnet, TX and Marble Falls, TX
       on Friday nights. On November 20, 2014, the Dallas Office received a
       response to the Letter of Inquiry (LOI) released on October 30, 2014
       and found the following violation(s):

     a. 47 C.F.R. S 73.1670(a): "A licensee of a broadcast station may,
        without further authority from the FCC, install and use with the main
        antenna system one or more auxiliary transmitters for the following
        purposes: (2) The transmission of regular programs during maintenance
        or modification of the main transmitter..." Victory Publishing
        Company, LTD admitted broadcasting at the same time two separate
        football games on eight Friday evenings during September - November
        2014 while conducting testing and maintenance of the main
        transmitter. Station KBEY-FM has only one main transmitter, and its
        auxiliaries may only transmit one set of regular programming at a
        time, when the main transmitter is off the air.

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

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, Texas 75243

    6. This Notice shall be sent to Victory Publishing Company, LTD. 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

   James D. Wells

   District Director

   Dallas District 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

   2

                       Federal Communications Commission