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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Auburn Broadcasting Inc.        )
Licensee of AM Station WSFW     )            File  No.  EB-05-BF-
247
Seneca Falls, New York          )
Owner of Antenna Structure      )
ASR No.  1002612                )            NOV              No.  
V20063228005
                                


                       NOTICE OF VIOLATION

                                             
                                             Released: October 
12, 2005

By the Resident Agent, Buffalo Office, Northeast Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules1 to 
     Auburn Broadcasting Inc., licensee of AM Station WSFW, 
     Seneca Falls, New York, and owner of antenna structure 
     1002612.

  2.      On August 18, 2005, an agent of the Commission's 
     Buffalo Office inspected antenna structure 1002612 located 
     on E. Bayard Extension, Seneca Falls, New York, and observed 
     the following violation:

       47 C.F.R. § 17.57: ``The owner of an antenna 
       structure for which an Antenna Structure 
       Registration Number has been issued. . . must. . 
       .immediately notify the Commission using FCC Form 
       854 upon any change in structure height or change in 
       ownership information.''  At the time of the 
       inspection, the FCC's Antenna Structure Registration 
       Database showed that antenna structure 1002612 was 
       registered to BJR Broadcasting Corporation.  Auburn 
       Broadcasting, Inc. failed to notify the FCC of the 
       change in ownership when it acquired the antenna 
       structure from BJR Broadcasting Corporation in 2000. 
        
  3.      Pursuant to Section 403 of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Auburn Broadcasting Inc. must submit a written 
     statement concerning this matter within twenty (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 Auburn 
     Broadcasting Inc.  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
                 Buffalo Office
                 1307 Federal Building
                 Buffalo, New York  14202

  4.      This Notice shall be sent to Auburn Broadcasting Inc. 
     at its address of record.

  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




                                Gene J. Stanbro
                                Resident Agent
                                Buffalo Office
                                Northeast Region
                                Enforcement Bureau


 

_________________________

147 C.F.R. § 1.89.

247 U.S.C. §403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.