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

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                )
Eolin Broadcasting Inc.         )            File  No.  EB-03-BF-
Licensee of Radio Station WGMM  )
Facility ID # 14713             )            NOV              No.  
Big Flats, New York             )
Attention: Mr. Robert Eolin, President  )

                       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 
     Eolin Broadcasting, Inc., licensee of radio station WGMM.

  2.      On September  25, 2003,  an agent  of the  Commission's 
     Buffalo Office inspected radio  station WGMM located in  Big 
     Flats, New York, and observed the following violation(s):

  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.''   WGMM  logs did  not  contain 
            entries determining the cause of any failure  to 
            receive weekly  tests from LP-1,  WNKI, for  the 
            periods June  4 to June 19,  2003 and August  21 
            to September 10, 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.''  
            WGMM  did  not transmit  weekly  tests  for  the 
            periods  June 17  to  July4, 2003;  July  29  to 
            August 14, 2003; and August 27 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,  Eolin  Broadcasting  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  Eolin Broadcasting  Inc; 
     P.O. Box 1047; Corning, New York 14830.

  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.