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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Backyard Broadcasting Williamsport Licensee, LLC ) File No. EB-07-PA-093

   Owner of Antenna Structure )

   South Williamsport, Pennsylvania ) NOV No. V20073240012



                              NOTICE OF VIOLATION

   Released: May 10, 2007

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Backyard Broadcasting Williamsport
       Licensee, LLC ("Backyard Broadcasting"), owner of an unregistered
       antenna structure located in South Williamsport, Pennsylvania.

    2. On March 1, 2007, an agent of the Commission's Philadelphia Office
       observed an antenna structure at 2337 Skyline Drive, Bald Eagle
       Mountain, South Williamsport, Pennsylvania (N41-12-42.0 W076-57-16.2)
       , which is situated adjacent to a tower that complies with the
       required FAA lighting specifications, and found the following

   47 C.F.R. S 17.4(a): "Effective July 1, 1996, the owner of any proposed or
   existing antenna structure that requires notice of proposed construction
   to the Federal Aviation Administration must register the structure with
   the Commission." While notices of proposed construction generally are
   required only for towers that exceed 200 feet, 47 C.F.R. S 17.7(b)
   specifies circumstances under which notices of proposed construction to
   the FAA are required for towers less than 200 feet that are near airports.
   The agent determined that, pursuant to 47 C.F.R. S 17.7(b)(1), the tower
   required a notification of proposed construction to the FAA and therefore
   required registration with the FCC. At the time of the inspection, the
   agent found that Backyard Broadcasting failed to register its antenna
   structure with the Commission

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Backyard Broadcasting
       Williamsport Licensee, LLC 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 the tower owner. 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

   Federal Communications Commission

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Backyard Broadcasting Williamsport
       Licensee, LLC at its address of record.

    5. 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. 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.


   Gene Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   The antenna structure requires notice of construction to the FAA and
   registration with the FCC because it fails the 100:1 slope criteria with
   respect to Williamsport Regional Airport. The agent used a Commission
   program called TOWAIR, [1]
   AsrSearch/towairSearch.jsp, to determine that Backyard Broadcasting's
   antenna structure exceeds the 100:1 slope criteria with respect to the
   Williamsport Regional Airport. This determination was based on the antenna
   structure's overall height above ground level of 27 meters, site elevation
   of 603 meters and NAD83 coordinates 41-12-42 North and 076-57-16.2 W.

   47 U.S.C. S 403.

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

   18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission


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