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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Debra L. Witcher )

   Licensee of Radio Station KACQ ) File No. EB-06-DL-141

   Facility ID # 16297 ) NOV No. V20063250013

   Lometa, Texas )



                              NOTICE OF VIOLATION

   Released: September 28, 2006

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Debra L. Witcher, licensee of Radio
       Station KACQ.

    2. On August 30, 2006, an agent of the Commission's Dallas Office
       inspected the EAS system for radio station KACQ, Lometa, Texas and
       observed the following violations:

     a. 47 C.F.R. S 11.15: "The EAS Operating Handbook states in summary form
        the actions to be taken by personnel at broadcast stations...upon
        receipt of an EAN, an EAT, tests, or State and Local Area alerts...A
        copy of the Handbook must be located at normal duty positions or EAS
        equipment locations when an operator is required to be on duty and be
        immediately available to staff responsible for authenticating
        messages and initiating actions." At the time of inspection, a copy
        of the EAS Operating Handbook was not available at the station.

     b. 47 C.F.R. S 73.1870 (c)(3): Station records shall be reviewed ..."at

   least once a 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..." At the time of the

   inspection, the chief operator was not signing the station logs to

   indicate that they had been reviewed.

   c. 47 C.F.R. S 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." The station's
   EAS decoder was attached to two receivers, however one of the receivers
   was not operational. Additionally, station logs revealed that EAS tests
   and other activations were being received from only one source.

   d. 47 C.F.R. S 73.1820(a)(1)(iii): "An entry [must be made in the station
   log] of each test and activation of the Emergency Alert

   System (EAS) pursuant to the requirement of part 11 of this chapter and
   the EAS Operating Handbook." At the time of the inspection, the station's
   EAS logs revealed an unexplained gap between 26 May and 29 August, without
   any entries for the Required Monthly Tests ("RMT"), the Required Weekly
   Tests ("RWT") and other EAS activations.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Debra L. Witcher,
       must submit a written statement concerning this matter within twenty
       (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 Debra L.
       Witcher. 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 Fwy

   Suite 1170

   Dallas, Texas, 75243

    4. This Notice shall be sent to Debra L. Witcher,  at her address of

    5. The Privacy Act of 1974 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.


   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

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

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

                       Federal Communications Commission


                       Federal Communications Commission