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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
First Natchez Corporation ) File No. EB-03-OR-
249
Licensee of Radio Station WQNZ )
Natchez, Mississippi ) NOV No.
V20043262002
NOTICE OF VIOLATION
Released: January
14, 2004
By the District Director, New Orleans Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
First Natchez Corporation, licensee of FM radio station
WQNZ.
2. On November 12, 2003, agents of the Commission's New
Orleans Office inspected radio station WQNZ located at
Natchez, Mississippi, and observed the following violations:
2.a. 47 C.F.R. § 73.1350(a): ``Each 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.'' The station
authorization for WQNZ states that the station
should produce 35,000 watts into a six-bay
antenna system in order to produce its required
effective radiated power. At the time of
inspection, the station was operating with a
five-bay antenna system.
2.b. 47 C.F.R. § 73.1400: ``The licensee of an AM,
FM, TV, or class A TV station is responsible
for assuring that at all times the station
operates within tolerances specified by
applicable technical rule parts contained in
this part and in accordance with the terms of
the station authorization. Any method of
complying with applicable tolerances is
permissible.'' Station personnel for WQNZ
stated that the station uses a remote control
system, commonly known as a ``dial-up" system,
consisting of an automatic telephone answering
device at the transmitter which controls the
transmitter by responding to commands given by
telephone touch-tone keys. At the start of the
inspection, this system was not functioning
because the unit at the transmitter would not
answer the incoming telephone call.
2.c. 47 C.F.R. § 73.1560(b): ``FM Stations. Except
as provided in paragraph (d) of this section,
the transmitter output power of an FM station,
with output power as determined by the
procedures specified in § 73.267, which is
authorized for output power more than 10 watts
must be maintained as near as practicable to
the authorized transmitter output and may not
be less than 90% nor more than 105% of the
authorized power.'' At the time of inspection,
the station was operating with a transmitter
output power of about 19,000 watts, or about
55% of the authorized output power of 35,000
watts. Station personnel stated that the
station had been operating at this reduced
power since June, 2003, and that there had been
no notification to the FCC of this condition.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, First Natchez Corporation, must submit a written
statement concerning this matter within 20 days of release
of this Notice. The response must fully explain each
violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude
recurrence, and should include a time line for completion of
pending corrective action(s). The response must be complete
in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. 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
New Orleans Office
Room 460
2424 Edenborn Avenue
Metairie, Louisiana 70001
4. This Notice shall be sent to First Natchez Corporation,
P. O. Box 768, Natchez, Mississippi, 39121.
5. The Privacy Act of 19743 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. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
James C. Hawkins
District Director
New Orleans Office
_________________________
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.