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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Magee ) File No.: EB-FIELDSCR-13-00008310

   Licensee of Station WPNQ825 )

   Magee, Mississippi ) NOV No.: V201332620014

                              NOTICE OF VIOLATION

                                                        Released: May 2, 2013

   By the Deputy Regional Director, New Orleans 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 the City of Magee, licensee of
       Station WPNQ825 in Magee, Mississippi. 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 noted herein.^

    2. On March 5, 2013, an agent of the Enforcement Bureau's New Orleans
       Office inspected Station WPNQ825 in Magee, Mississippi, and observed
       the following violation:

   47 C.F.R. S 1.903(a): "General rule. Stations in the Wireless Radio
   Services must be used and operated only in accordance with the rules
   applicable to their particular service as set forth in this title and with
   a valid authorization granted by the Commission under the provisions of
   this part, except as specified in paragraph (b) of this section." At the
   time of inspection, the agent found the City of Magee transmitting from
   the approximate geographic location of 31DEG42'37.2"N latitude,
   089DEG42'18.3"W longitude. The license for WPNQ825 only authorizes
   operation from the geographic location of 31DEG52'30.6"N, 089DEG44'25.3"W.
   In addition, the City of Magee was transmitting digital emissions on the
   frequency 159.0900MHz. The license for Station WPNQ825 only authorizes FM
   narrowband analog voice emissions (FB2) on the frequency 159.0900 MHz. The
   FB2 class of emissions does not authorize digital transmissions.

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

   New Orleans Office

   2424 Edenborn Ave. Suite 460

   Metairie, LA 70001

    6. This Notice shall be sent to the City of Magee 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

   Loyd Perry

   Deputy Regional Director

   New Orleans 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

   2

                       Federal Communications Commission