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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Mark V. Aulabaugh ) File No. EB-07-DL-0249

   Licensee of Radio Station KSEY-FM )

   Facility ID: 71535 ) NOV No. V20083250004

   Seymour, Texas )


                              NOTICE OF VIOLATION

   Released:  June  24, 2008

   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 Mark V. Aulabaugh, licensee of radio
       station KSEY-FM in Seymour, Texas.

    2. On February 20, 2008, agents of the Commission's Dallas Office of the
       Enforcement Bureau inspected radio station KSEY-FM located at Seymour,
       Texas, and observed the following violation(s):

     a. 47 C.F.R. S: 11.35(a): "Additionally, broadcast stations and cable
        systems and wireless cable systems must determine the cause of any
        failure to receive the required [EAS] tests or activations specified
        in S: 11.61(a)(1) and (a)(2). Appropriate entries must be made in the
        broadcast station log, ... indicating why any tests were not
        received." At the time of inspection, the EAS equipment installed at
        KSEY was not operational. According a statement by Mr. Aulabaugh, the
        last time that the equipment was known to be operational was on
        January 3, 2008, and that the licensee had contacted the equipment
        manufacturer to initiate repair procedures on or before February 19,
        2008. The station did not maintain a station log, and there were no
        entries regarding the EAS outage in any other logs.

     b. 47 C.F.R. S: 11.61: "Tests of EAS procedures. (a) EAS Participants
        shall conduct tests at regular intervals, as specified 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. (1) Required Monthly Tests of the EAS header codes,
        Attention Signal, Test Script and EOM code. (i) Tests in odd numbered
        months shall occur between 8:30 a.m. and local sunset. Tests in even
        numbered months shall occur between local sunset and 8:30 a.m. They
        will originate from Local or State Primary sources. The time and
        script content will be developed by State Emergency Communications
        Committees in cooperation with affected EAS Participants. Script
        content may be in the primary language of the EAS Participant. These
        monthly tests must be transmitted within 60 minutes of receipt by EAS
        Participants in an EAS Local Area or State. ... (2) Required Weekly
        Tests: (i) EAS Header Codes and EOM Codes: (A) Analog and digital AM,
        FM, and TV broadcast stations must conduct tests of the EAS header
        and EOM codes at least once a week at random days and times. ... (b)
        Entries shall be made in EAS Participant records, as specified in
        S:S:11.35(a) and 11.54(b)(13)." At the time of inspection, there were
        EAS Participant records available and no record that KSEY-FM had sent
        or received any tests at any time.

     c. 47 C.F.R. S:S: 73.1560(a) & (d): "The station's antenna input power
        must be maintained as near as practicable to the authorized antenna
        input power and may not be less than 90% nor more than 105% of the
        authorized power. Also, if it becomes technically impossible to
        operate the station at authorized power, the station may operate at
        reduced power for not more than 30 days without specific
        authorization from the FCC. If causes beyond the control of the
        licensee prevent restoration of the authorized power within 30 days,
        a request for Special Temporary Authority must be made to the FCC in
        Washington, DC for additional time as may be necessary." At the time
        of inspection, February 20, 2008, the FM transmitter was operating
        with a transmitter output power of 500 Watts, 23.3% of the
        transmitter output power necessary to meet the authorized 3 Kilowatt
        effective radiated power, and had been operating at reduced power for
        over 30 days.

     d. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
        a station log as required by S: 73.1820." At the time of inspection,
        the required station log was not available for inspection.

     e. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV
        or Class A TV station must designate a person to serve as the
        station's chief operator. The designation must be in writing and
        posted with the station's license." The agents found no written
        designation of a chief operator for the station.

     f. 47 C.F.R. S: 73.3526(e)(8): Commercial broadcast licensees shall
        maintain for public inspection a file containing the materials set
        forth in this section. "At all times, a copy of the most recent
        version of the manual entitled `The Public and Broadcasting.' There
        was no copy of "The Public and Broadcasting" in the station's public
        inspection file.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Mark V. Aulabaugh
       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 a principal or
       officer of the licensee. 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, Suite 1170

   Dallas, TX 75243

    4. This Notice shall be sent to Mark V. Aulabaugh  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.


   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   See 47 C.F.R. S: 73.1635.

   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