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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Youngers Colorado Broadcasting LLC ) File No. EB-FIELDSCR-17-00024660
Licensee of Radio Station W266BW )
Facility ID # 147273 )
)
Atlanta, GA )
)
NOTICE OF VIOLATION
Released: August 9, 2017
By the Regional Director, Region Two, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Youngers Colorado Broadcasting LLC (Youngers), licensee of radio
station translator W266BW in Atlanta, Georgia. Pursuant to Section 1.89(a) of the Rules, issuance of this
NOV does not preclude the Federal Communications Commission’s Enforcement Bureau from further
action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s)
noted herein.
2
2. On July 6, 2017, in response to a complaint of interference, an agent of the Enforcement
Bureau’s Atlanta Office monitored the transmitter of Station W266BW FM, located at coordinates 33° 48'
26" N and 84° 20' 22" W and observed the following violation:
a. 47 C.F.R. § 74.23(a): “The licensee of any station authorized under this part
that causes harmful interference, as defined in § 2.1 of the Commission's
rules, to radio communications involving the safety of life or protection of
property shall promptly eliminate the interference.” Youngers operated an
unlicensed radio station on frequency 123.05 MHz for approximately one
week, which caused harmful interference to the aviation band. Station
W266BW was only authorized to operate on frequency 101.1 MHz.
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Youngers 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
4. In accordance with Section 1.16 of the Rules, we direct Youngers to support its response
to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of Youngers with personal knowledge of the representations provided in Youngers response,
verifying the truth and accuracy of the information therein,
5
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
5. All replies and documentation sent in response to this Notice should be marked with the
File No. specified above, and mailed to the following address:
Federal Communications Commission
Office of the Director - Region Two
3600 Hiram Lithia Springs Rd. SW
Powder Springs, GA 30127
6. This Notice shall be sent to Youngers at its address of record.
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
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
CFR § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
3
7. The Privacy Act of 1974
7
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
Ronald Ramage
Director - Region Two
Enforcement Bureau
7
P.L. 93-579, 5 U.S.C. § 552a(e)(3).