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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Tempe Radio, Inc. ) File No. EB-08-SD-059

   Licensee of KDUS(AM) )

   Facility ID #65165 )

   Tempe, Arizona ) NOV No. V200832940009


                              NOTICE OF VIOLATION

   Released: March 31, 2008

   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. Tempe Radio, Inc., licensee of AM
       Broadcast station KDUS(AM) - Tempe, Arizona.

    2. On February 6, 2008, an agent of the Enforcement Bureau's San Diego
       Office inspected the KDUS emergency alert system ("EAS") equipment,
       located at 1900 W. Carmen Street, Tempe, Arizona, and observed the
       following violation:

   a. 47 C.F.R. S:11.61(b): "Entries shall be made in EAS Participant
   records, as specified in Sections 11.35(a) and 11.54(b)(13)." At the time
   of inspection, the broadcast station records contained no entries
   documenting the reception or transmission of EAS tests for the month of
   December 2007. No system record entries were found indicating the reasons
   why the tests had not been received or transmitted or if the

   EAS equipment had failed.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Tempe Radio, 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
       Tempe Radio, Inc. 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

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Tempe Radio, Inc., at its 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.


   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