Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      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 )

   )

   Autaugaville Radio, Inc. ) File No.:   EB-FIELDSCR-13-00007869

   Licensee of Station  WKXN )

   )  NOV No.: V201332480013

   )

   Fort Deposit, AL ) Facility ID: 73194

                              NOTICE OF VIOLATION

   Released: April 16, 2013

   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 (Rules)^ to  Autaugaville Radio, Inc.
       (Autaugaville), licensee of radio station WKXN in Fort Deposit,
       Alabama.  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. On April 2, 2013, an agent of the Enforcement Bureau's Atlanta Office
       inspected Station WKXN located at 563 Manningham Road, Greenville,
       Alabama, and observed the following violation(s):

     a. 47 C.F.R. S 73.3526(e)(4):   "A copy of any service contour maps,
        submitted with any application tendered for filing with the FCC,
        together with any other information in the application showing
        service contours and/or main studio and transmitter location (State,
        county, city, street address, or other identifying information).
        These documents shall be retained for as long as they reflect
        current, accurate information regarding the station." At the time of
        inspection, Station WKXN was missing service contour maps.

     b. 47 C.F.R. S 73.3526(e)(12): "Radio issues/programs lists. For
        commercial AM and FM broadcast stations, every three months a list of
        programs that have provided the station's most significant treatment
        of community issues during the preceding three month period. The list
        for each calendar quarter is to be filed by the tenth day of the
        succeeding calendar quarter (e.g., January 10 for the quarter
        October-December, April 10 for the quarter January-March, etc.). The
        list shall include a brief narrative describing what issues were
        given significant treatment and the programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to, the time, date, duration, and title of each
        program in which the issue was treated." At the time of the
        inspection, Station WKXN was missing issues/programs lists for the
        3^rd and 4^th quarters of 2012.

    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, Autaugaville, 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 Autaugaville
       to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Autaugaville with personal knowledge of the
       representations provided in Autaugaville'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; Ste 320

   Duluth, GA 30096

    6. This Notice shall be sent to Autaugaville 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 Miller

   District Director

   Atlanta  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

   3

                       Federal Communications Commission