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                )
                                )
Cedar Creek Radio Company, Inc.                               )  
File No. EB-04-DL-003                                          ) 
Licensee of KCKL(FM) in Malakoff, TX    )
Facility ID #9715               )           NOV No. V20043250003
                                )
Malakoff, Texas                 )


                       NOTICE OF VIOLATION

                                                                                                            
                                                  Released: April 
                                                         26, 2004

By the District Director, Dallas Office, Enforcement Bureau:

     1.   This  is  a  Notice  of  Violation  ("Notice")   issued 
pursuant to Section  1.89 of  the Commission's  Rules,1 to  Cedar 
Creek Radio  Company,  Inc.,  licensee  of  station  KCKL(FM)  in 
Malakoff, Texas.  

     2.   On December  17, 2003,  an  agent of  the  Commission's 
Dallas Office inspected  FM broadcast station  KCKL, licensed  to 
Malakoff, Texas, and observed the following violations:

       2)a.    47 C.F.R.   11.52(d):   ``Broadcast stations  and 
       cable systems and wireless cable systems must monitor  two 
       EAS   sources.   The   monitoring  assignments   of   each 
       broadcast  station and  cable  system and  wireless  cable 
       system  are  specified  in the  State  EAS  Plan  and  FCC 
       Mapbook.''   During  calendar year  2003,  there  were  no 
       weeks  in  which the  station  logs  of  station  KCKL(FM) 
       contained  more than  one  entry  of the  reception  of  a 
       weekly and/or monthly EAS test. 

       2)b.    47 C.F.R.   73.1800(a):  ``The licensee  of  each 
       station  must  maintain  a  station  log  as  required  by 
       73.1820.  . . .  All entries, whether required or not  by 
       the provisions of  this part, must accurately reflect  the 
       station operation.''   The automatically printed EAS  logs 
       of station  KCKL(FM) contained times  and Julian  calendar 
       dates  of EAS  tests  reception that  did  not  accurately 
       reflect the times  and dates that the tests were  actually 
       received.  Additionally,  Cedar Creek Radio Company,  Inc. 
       faxed correspondence to  the FCC's Dallas Office on  April 
       14, 2004  which indicated  that it was  their belief  that 
       handwritten entries  had been made in  the station log  of 
       KCKL(FM)  during   calendar  year  2003   which  did   not 
       accurately  reflect the  reception  of EAS  tests  by  the 
       station.  

       2)c.    47 C.F.R.   73.1820(a)(1)(iii):   ``Station  Log.  
       Entries  must be  made in  the station  log...An entry  of 
       each test  and activation  of the  Emergency Alert  System 
       (EAS)...''   During  the  period  from  January  5,   2003 
       through September 27,  2003, there were only four  entries 
       of reception of weekly and/or monthly EAS tests. 

       2)d.    47 C.F.R.    73.1820(b)(4):  ``In  the  event  of 
       failure  or malfunction  of  the automatic  equipment  [to 
       record entries in the station log], the person  designated 
       by the licensee  as being responsible for the log  s[h]all 
       make  the required  entries in  the log  manually at  that 
       time.''   Entries in  the  EAS logs  of  station  KCKL(FM) 
       dated February  12, March  4, and May  11, 2003  indicated 
       failure  or malfunctioning  of  the printer  that  station 
       KCKL utilized for automatic EAS logging; however,  station 
       KCKL  failed  to  manually  make  entries  of  EAS   tests 
       received at those times.  

       2)e.    47    C.F.R.          73.1870(c)(3):      ``Chief 
       operators...The   chief  operator   is   responsible   for 
       completion  of  the following  duties  specified  in  this 
       paragraph below.  When  the duties are delegated to  other 
       persons,  the chief  operator shall  maintain  supervisory 
       oversight  sufficient to  know that  each requirement  has 
       been fulfilled  in a  timely and  correct manner.   . .  .  
       Review of the station  records at least once each week  to 
       determine if  required entries are  being made  correctly.  
       . . .  Upon  completion of the review, the chief  operator 
       or his designee must  date and sign the log, initiate  any 
       corrective action which  may be necessary, and advise  the 
       station licensee of  any condition which is  repetitive.''  
       A  review of  the available  logs for  calendar year  2003 
       indicated   there   were   repetitive   violations   which 
       continued until the  time of the inspection (December  17, 
       2003)  with   no  apparent  corrective  action.    Station 
       KCKL(FM) failed  to have the  station's chief operator  or 
       his designee  properly review, date  and sign the  station 
       log  at least  once each  week  to determine  if  required 
       entries are being made correctly.  

     3.   Pursuant to Section 308(b) of the Communications Act of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Cedar Creek Radio Company, 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
                    Dallas Office
                    9330 LBJ Freeway, #1170
                    Dallas, Texas 75243


     4.   Failure  to  respond  to  this  Notice  constitutes   a 
separate violation  that could  result in  additional  penalties, 
including monetary forfeiture.

     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 
your  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

     6.   This Notice shall be sent to Cedar Creek Radio Company, 
Inc., P.O. Box 489, Malakoff, Texas 75148. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              James D. Wells 
                              District Director 
                              Dallas Office 
LRB 
_________________________

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