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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Lake Powell Communications, Inc. )

   Licensee of Radio Station KPGE ) File Nos. EB-07-SD-025

   Facility ID # 36349 ) EB-07-SD-026


   Radio Station KXAZ ) NOV No. V20073294002

   Facility ID # 36340 )


   Page, Arizona )


                              NOTICE OF VIOLATION

   Released: March 9, 2007

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Lake Powell Communications,
       Inc.("Lake Powell"), licensee of radio stations KPGE and KXAZ in Page,

    2. On February 7, 2007, an agent of the Enforcement Bureau's San Diego
       Office inspected KPGE and KXAZ, located at 97 7^th Avenue, Page, AZ
       and observed the following violations:

   a. 47 C.F.R. S 11.61(a): "Tests shall be made at regular intervals as
   indicated in paragraphs (a)(1) and (a)(2) of this section. Additional
   tests may be performed anytime. EAS activations and special tests may be
   performed in lieu of required tests as specified in paragraph (a)(4) of
   this section. All tests will conform with the procedures in the EAS
   Operating Handbook." At the time of inspection, the EAS records for KPGE
   and KXAZ did not show any evidence of the receipt of required tests from
   December 31, 2006 through February 3, 2007, and the transmission of
   required tests from January 7, 2007 through February 3, 2007.

   b. 47 C.F.R. S 11.35(a): "Broadcast stations and cable systems and
   wireless cable systems are responsible for ensuring that EAS Decorders and
   Attention Signal generating and receiving equipment used as part of the
   EAS are installed so that the monitoring and transmitting functions are
   available during the times the stations and systems are in operation.
   Additionally, broadcast stations must determine the cause of any failure
   to receive the required tests or activations specified in S11.61(a)(1) and
   (a)(2). Appropriate entries must be made in the broadcast station log as
   specified in SS 73.1820 and 73.1840 of this chapter, [...]. Broadcast
   radio stations records must indicate why tests were not received." There
   were no indications in the stations' EAS records to indicate what may have
   caused the failure to receive or transmit the weekly or monthly tests or
   what was done to remedy this matter. Specifically, there were no records
   for the required weekly tests (RWTs) received from the designated local
   primary stations from December 31, 2006 through February 3, 2007, and no
   record that RWTs had been sent by KPGE and KXAZ from January 7 through
   February 3, 2007. In addition, there was no record that the required
   monthly test had been received or transmitted for the month of January

   c. 47 C.F.R. S 73.3526(e)(5): "Ownership reports and related materials. A
   copy of the most recent, complete ownership report filed with the FCC for
   the station, together with any statements filed with the FCC certifying
   that the current report is accurate, and together with all related
   material. These materials shall be retained until a new, complete
   ownership report is filed with the FCC, at which time a copy of the new
   report and any related material shall be placed in the file." At the time
   of inspection, the public file did not contain a copy of the most recent
   ownership report for KPGE and KXAZ.

    d. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM broadcast
       stations, every three months a list of programs that have provided the
       station's most significant treatment of community issues during the
       preceding three month period. The list shall include a brief narrative
       describing what issues were given significant treatment. The
       description of the programs shall include, but shall not be limited to
       the time, date, duration, and the title of each program in which the
       issue was treated." The issues/program lists for KPGE AND KXAZ were
       not drafted in a format that provided all the information as required
       by this rule section.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Lake Powell, 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 taken to correct each
       violation, preclude recurrence, and should include a time line for
       completion of pending corrective actions.

    4. The response must be complete in itself and signed by a principal or
       officer of Lake Powell. 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

   San Diego District Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    5. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Lake Powell Communications, Inc., at its
       address of record.

    6. 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.


   William R. Zears Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

   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