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



In the Matter of                )
                                )
Paulino Bernal                  )          File No. EB-04-DL-181 
)                               
Licensee of KCLR(AM) in Ralls, TX       )
Facility ID #52351              )           NOV No. V20053250001
                                )
McAllen, Texas                  )


                       NOTICE OF VIOLATION

                                                                                                            
                                                Released: October 
                                                         14, 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 Paulino 
Bernal, licensee of station KCLR(AM) in Ralls, Texas.  

     2.   On September 13, 2004, the Commission's Dallas Office 
issued an official Letter of Inquiry to Paulino Bernal concerning 
issues noted during attempted inspections of Station KCLR by the 
Commission's Dallas Office.  This Letter of Inquiry was sent via 
Certified Mail, Return Receipt Requested and required a written 
response to FCC's Dallas Office by September 27, 2004.  On 
September 23, 2004, the return receipt was received by this 
office verifying delivery of the Letter of Inquiry.  As of the 
date of this notice, no reply has been received by this office.  
By failing to respond to the Letter of Inquiry, Paulino Bernal is 
in violation of the following: 

       2)a.    47 C.F.R.  73.1015: ``The Commission or its 
       representatives may, in writing, require from any 
       applicant, permittee, or licensee written statements of 
       fact relevant to a determination whether an application 
       should be granted or denied, or to a determination 
       whether a license should be revoked, or to any other 
       matter within the jurisdiction of the Commission, or, in 
       the case of a proceeding to amend the FM or Television 
       Table of Allotments, require from any person filing an 
       expression of interest, written statements of fact 
       relevant to that allotment proceeding.  Any such 
       statements of fact are subject to the provisions of  
       1.17 of this chapter.  Paulino Bernal failed to provide a 
       written response to the Letter of Inquiry as required 
       pursuant to this section.    

       2)b.    47 U.S.C.  308(b): ``The Commission, at any time 
       after the filing of such original application and during 
       the term of any such licenses, may require from an 
       applicant or licensee further written statements of fact 
       to enable it to determine whether such original 
       application should be granted or denied or such license 
       revoked.  Such application and/or such statement of fact 
       shall be signed by the applicant and/or licensee in any 
       manner or form, including by electronic means, as the 
       Commission may prescribe by regulation.  Paulino Bernal 
       failed to provide a written response to the Letter of 
       Inquiry as required pursuant to this section.  

     3.   Pursuant to Section 308(b) of the Communications Act of 
1934, as amended,2 and Section 1.89 of the Commission's Rules, 
Paulino Bernal must submit a written statement concerning this 
matter within 20 days of release of this Notice.  The response 
must fully explain each of the above listed violations and must 
contain a statement of the specific action(s) taken to correct 
each violation and preclude recurrence.  The response must be 
complete in itself and signed Paulino Bernal as 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.   Furthermore, Paulino Bernal must immediately provide a 
complete response to the Letter of Inquiry released September 13, 
2004.  

     6.   Failure to submit a complete response to the Letter of 
Inquiry dated September 13, 2004, or to any and all additional 
correspondence subsequently required by the FCC, will constitute 
repeated violation of 47 C.F.R. 73.1015 and 47 U.S.C. 308(b) 
that could result in additional penalties, including monetary 
forfeiture.

     7.   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
     8.   This Notice shall be sent via Certified Mail, Return 
Receipt Requested to Paulino Bernal c/o Radio Station KCLR, P.O. 
Box 252, McAllen, TX  78505. 


                              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