Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) The Syner Foundation ) File No. EB-11-CF-0083 Licensee of Station WQAZ-LP ) and Aural Broadcast STL Station WQAQ889 ) Edmond, WV ) NOV No. V201232340003 ) NOTICE OF VIOLATION Released: February 10, 2012 By the District Director, Columbia Office, Northeast Region, Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's rules1 to The Syner Foundation, licensee of Station WQAZ-LP and Aural Broadcast STL Station WQAQ889 in Edmond, West Virginia. 2. On June 1, 2011, an agent of the Commission’s Columbia Office inspected Station WQAZ-LP and observed the following violation: 47 C.F.R. § Section 1.903(a): “Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission. . . .” The Syner Foundation is authorized to operate its STL Station WQAQ889 on the frequency 947.00 MHz. At the time of inspection, the agent found that the STL was being operated on the frequency 950.500 MHz. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's rules, The Syner Foundation must submit a written statement concerning this matter within twenty (20) calendar days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of The Syner Foundation. 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: 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 Federal Communications Commission Columbia District Office 9200 Farm House Lane Columbia, MD 21046 4. This Notice shall be sent by Certified Mail/Return Receipt Requested and regular mail to The Syner Foundation at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Salomon Satche District Director Columbia District Office Northeast Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.