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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Holmes County Broadcasting Company, LLC ) File No.:
   EB-FIELDSCR-13-00010984

   )

   Licensee of Station WXTN-AM and WAGR-FM ) NOV No.: V201332620028

   Owner of Antenna Structure No. 1042033 )

   ) Facility ID: 27486/ 21155

   Lexington, Mississippi )

   )

                              NOTICE OF VIOLATION

   Released: September 13, 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 Holmes County Broadcasting
       Company, LLC, owner of antenna structure number 1042033 and licensee
       of AM Station WXTN and FM Station WAGR in Lexington, 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(s) noted herein.^

    2. On August 19 and 20, 2013, an agent of the Enforcement Bureau's New
       Orleans Office inspected antenna structure number 1042033 in
       Lexington, Mississippi and observed the following violation:

     a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." At the
        time of inspection after sunset on both days, the agent observed the
        red beacons and side lights were extinguished.

    3. On August 21, 2013, an agent of the Enforcement Bureau's New Orleans
       Office inspected Stations WXTN and WAGR located at 100 Radio Rd.,
       Lexington, Mississippi and observed the following violation:

     a. 47 C.F.R. S 11.52(d)(2): "Emergency Alert System (EAS) participants
        must comply with the following monitoring requirement: With respect
        to monitoring EAS messages formatted in accordance with the
        specifications set forth in S 11.56(a)(2), EAS Participants' EAS
        equipment must interface with the Federal Emergency Management
        Agency's Integrated Public Alert and Warning System (IPAWS) to enable
        ... the distribution of Common Alert Protocol (CAP)-formatted alert
        messages from the IPAWS system to EAS Participants' EAS equipment."
        At the time of inspection, WXTN and WARG's EAS equipment did not have
        an interface with the Federal Emergency Management Agency's IPAWS.

    4. 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 licensees.

    5. 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, Holmes County Broadcasting Company, LLC 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 actions 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.^

    6. In accordance with Section 1.16 of the Rules, we direct Holmes County
       Broadcasting Company, LLC to support its response to this Notice with
       an affidavit or declaration under penalty of perjury, signed and dated
       by an authorized officer of Holmes County Broadcasting Company, LLC,
       with personal knowledge of the representations provided in Holmes
       County Broadcasting Company, LLC'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.^

    7. 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

    8. This Notice shall be sent to Holmes County Broadcasting Company, LLC
       at its address of record.

    9. 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