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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Newberry Minority Broadcast Coalition ) File No.: EB-FIELDSCR-14-00013188

   Licensee of Station WWPZ-LP )

   ) NOV No.: V201432480004

   )

   Newberry, South Carolina ) Facility ID: 131871

                              NOTICE OF VIOLATION

   Released: January 31, 2014

   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 Newberry Minority Broadcast
       Coalition (NMBC), licensee of radio station WWPZ-LP in Newberry, South
       Carolina. 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 January 15, 2014, an agent of the Enforcement Bureau's Atlanta
       Office monitored WWPZ-LP located in Newberry, SC and observed the
       following violation(s):

     a. 47 C.F.R. S 73.845: "Each LPFM licensee is responsible for
        maintaining and operating its broadcast station in a manner which
        complies with the technical rules set forth elsewhere in this part
        and in accordance with the terms of the station authorization." The
        agent found that WWPZ-LP was transmitting near coordinates 34DEG 15'
        22" N, 081DEG 34' 38 W, approximately 11 miles from its authorized
        location.

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

   2

                       Federal Communications Commission