Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Northeast Gospel Broadcasting, Inc. ) File No. EB-FIELDNER-12-00005658

   Licensee of Radio Station WNGN )

   Facility ID # 11120 ) NOV No. V201332380002

   Argyle, NY )

   Licensee of Radio Station WNGG )

   Facility ID # 172195 )

   Gloversville, NY )

   Licensee of Radio Station WVVC-FM )

   Facility ID # 171935 )

   Dolgeville, NY )

   Licensee of LPTV Station WVVC-LD )

   Facility ID # 60869 )

   Utica, NY )

   )

   )

                              NOTICE OF VIOLATION

   Released: Dec. 12, 2012

   By the Acting District Director, New York 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 Northeast Gospel Broadcasting,
       Inc. (Northeast), licensee of (1) FM Stations WNGN, Argyle New York;
       WNGG; Gloversville, New York,; WVVC-FM, Dolgeville, New York and (2)
       Low Power TV (LPTV) Station WVVC-LD, Utica, New York. Pursuant to
       Section 1.89(a) of the Rules, issuance of this NOV 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. An agent of the Enforcement Bureau's New York Office conducted an
       inspection at (1) the main studio for Station WNGN at 65 King Street
       in Buskirk, New York on October 29, 2012 and (2) the co-located main
       studio for Stations WNGG, WVVC-FM, and WVVC-LD at 1017 Higby Road in
       New Hartford, New York, on October 31, 2012, and observed the
       following violation for each of the stations:

   47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant records,
   as specified in Sections 11.35(a) and 11.54(b)(13)." Although the
   stations' EAS equipment was operational, the stations did not have any EAS
   logs for the year 2012.

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

   201 Varick Street

   Suite # 1151

   New York, NY  10014-7046

    6. This Notice shall be sent to Northeast 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

   Gary Barker

   Acting District Director

   New York District Office

   Northeast  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