******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Clarion Communications, Inc. ) File No. EB-11-AT-0014

   Licensee of Radio Station WYXC )

   Facility ID # 19541 ) NOV No. V201132480002

   Cartersville, GA )

   )

   )

                              NOTICE OF VIOLATION

                                                      Released: March 1, 2011

   By the District Director, Atlanta 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 to Clarion Communications, Inc.
       ("Clarion"), licensee of Station WYXC, Cartersville, Georgia.

    2. On February 10, 2011, agents of the Enforcement Bureau's Atlanta
       Office inspected the main studio of Station WYXC located at
       Cartersville, Georgia, and observed the following violation(s):

     a. 47 C.F.R. S: 73.1870(a): "The licensee of each AM, FM, TV or Class A
        TV broadcast station must designate a person to serve as the
        station's chief operator..." At the time of inspection, there was no
        designated chief operator.

     b. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why
        any tests were not received must be made in the broadcast station log
        as specified in S:S: 73.1820 and 73.1840 of this chapter for all
        broadcast streams..." At the time of inspection, the agents observed
        that the logs did not indicate why no monthly or weekly test were
        received during the month of January 2011.

     c. 47 C.F.R. S: 73.1590(a)(6): "The licensee of each AM, FM, TV and
        Class A TV station, except licensees of Class D non-commercial
        educational FM stations authorized to operate with 10 watts or less
        output power, must make equipment performance measurements for each
        main transmitter as follows:

   Annually, for AM stations, with not more than 14 months between
   measurements." At the time of inspection, the agents found no evidence
   that equipment performance measurements had been conducted since May 2009.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. We also must investigate
       violations of other rules that apply to broadcast licensees. Pursuant
       to Section 403 of the Communications Act of 1934, as amended, and
       Section 1.89 of the Commission's Rules, we seek additional information
       concerning the violation(s) and any remedial actions the station may
       have taken.  Therefore, Clarion, 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 Commission's Rules, we direct
       Clarion to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Clarion with personal knowledge of the
       representations provided in Clarion'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

   Atlanta Office

   3575 Koger Blvd., Suite 320

   Duluth, GA 30096

    6. This Notice shall be sent to Clarion  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

   Douglas G. Miller

   District Director

   Atlanta District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's 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