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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Metro TV, Inc. ) File No.: EB-FIELDNER-14-00013731

   )

   Licensee of Station WVOA-LP ) NOV No.: V201432400017

   )

   East Syracuse, New York ) Facility ID: 14319

   )

                              NOTICE OF VIOLATION

   Released: March 17, 2014

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Metro TV, Inc. (Metro TV),
       licensee of Low Power Television Station WVOA-LP in East Syracuse, New
       York. 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 violations noted herein.^

    2. On February 7, 2014, agents of the Enforcement Bureau's Philadelphia
       Office inspected Station WVOA-LP located at 7095 Myers Road, East
       Syracuse, New York and observed the following violations:

     a. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol (CAP) are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in S11.61(a)(1) and (2).
        Appropriate entries indicating reasons why any tests were not
        received must be made in the broadcast station log as specified in
        SS73.1820 and 73.1840 of this chapter for all broadcast streams...."
        During the period between November 2013 and February 2014, Metro TV
        failed to (1) receive Required Weekly Tests for two weeks in December
        2013 and for the month of January 2014, (2) receive Required Monthly
        Tests for the months of November 2013, December 2013 and January 2014
        and (3) receive CAP-formatted messages. There were no entries in the
        station log explaining why these tests were not received.

     b. 47 C.F.R. S 11.52(d)(1): "With respect to monitoring for EAS messages
        that are formatted in accordance with the EAS Protocol, EAS
        Participants must monitor two EAS sources. The monitoring assignments
        of each broadcast station and cable system and wireless cable system
        are specified in the State EAS Plan and FCC Mapbook. They are
        developed in accordance with FCC monitoring priorities." At the time
        of inspection, WVOA-LP was monitoring only one of its two assigned
        EAS assignments, FM Station WNTQ on 93.1 MHz. WVOA-LP failed to
        monitor FM Station WYYY on 94.5 MHz, as required by the New York
        State EAS Plan.

     c. 47 C.F.R. S 11.61(a)(1)(i): "Required Monthly Tests of the EAS header
        codes, Attention Signal, Test Script and EOM code....must be
        transmitted within 60 minutes of receipt by EAS Participants in an
        EAS Local Area or State...." WVOA-LP failed to retransmit the
        Required Monthly test on February 3, 2014, within 60 minutes of
        receipt of the test.^

     d. 47 C.F.R. S 73.1870(b)(3): "The designation of the chief operator
        must be in writing with a copy of the designation posted with the
        station license...." At the time of inspection, Metro TV had not made
        the designation of the chief operator in writing.

    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.

    4. 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, Metro TV 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.^

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

    6. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    7. This Notice shall be sent to Metro TV, Inc. at its address of record.

    8. 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

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ Although the RMT was received on February 3, 2014 at 4:23 a.m., Metro TV
   did not retransmit the test until 9:55 a.m. on that same day.

   ^ 47 U.S.C. S 403.

   ^ 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