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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
Chemung County Radio, Inc.      )            File  No.  EB-03-BF-
Licensee of Radio Station WPGI  )
Facility ID # 10688             )            NOV              No.  
Horseheads, New York            )
Attention: Mr. Kevin White, General Manager  )

                       NOTICE OF VIOLATION

                                             Released:  December 
12, 2003

By the Resident Agent, Buffalo Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Chemung County Radio, Inc., licensee of radio station WPGI

  2.      On September  18, 2003,  an agent  of the  Commission's 
     Buffalo Office  inspected  radio  station  WPGI  located  in 
     Horseheads,   New   York,   and   observed   the   following 

  2.a.      47  C.F.R.     11.35(a):  ``....   Additionally 
            broadcast  stations  ....  must  determine   the 
            cause  of any  failure to  receive the  required 
            tests  specified  in    11.61(a)(1)  and  (2).  
            Appropriate  entries   must  be   made  in   the 
            broadcast station log as specified in   73.1820 
            and  73.1840 .... , indicating reasons why  any 
            tests were  not received.''  WPGI  logs did  not 
            contain  entries determining  the cause  of  any 
            failure  to  receive  weekly  tests  from  LP-1, 
            WENY, for the  periods June 17 to July 4,  2003; 
            July 18  to August 4, 2003;  August 4 to  August 
            27, 2003 and August 27 to September 19, 2003.

  2.b.      47 C.F.R.  11.61(a)(2)(A): ``Effective  January 
            1, 1997,  AM, FM, and  TV stations must  conduct 
            weekly tests of the EAS header and EOM codes  at 
            least once  a week at  random days and  times.''  
            WPGI  did  not transmit  weekly  tests  for  the 
            periods  June 18  to July14,  2003; July  18  to 
            August 4,  2003; and August  6 to September  10, 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Chemung  County Radio,  Inc., must  submit a  written 
     statement concerning this matter  within 20 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 
     licensee with personal knowledge of the matter.  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
                 Room 1307 Federal Building
                 111 W. Huron Street
                 Buffalo, New York 14202

  4.      This Notice shall be sent to Chemung County Radio, Inc;  
     2205 College Avenue;  Elmira, New York 14903

  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 

                                Gene J. Stanbro
                                Resident Agent
                                Buffalo Office


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.