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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Ruby Radio Corporation ) File No. EB-07-SF-348

   Licensee of Radio Station KHIX )

   Facility ID # 84839 )

   Carlin, Nevada ) NOV No. V200932960003


                              NOTICE OF VIOLATION

   Released: October 24, 2008

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Ruby Radio Corporation ("Ruby
       Radio"), licensee of radio station KHIX, licensed to serve Carlin,

    2. On September 12, 2008, an agent of the Enforcement Bureau's San
       Francisco Office inspected the KHIX main studio located in Elko,
       Nevada, and observed the following violations:

     a. 47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of
        any failure to receive the required tests or activations specified in
        Sections 11.61(a)(1) and (a)(2). Appropriate entries indicating
        reasons why any tests were not received must be made in the broadcast
        station log as specified in Sections 73.1820 and 73.1840 of this
        chapter for all broadcast streams . . . . " At the time of the
        inspection, there were no entries in the station log indicating why
        tests had been sporadically missed over the three months prior to the

     b. 47 C.F.R. S: 11.61(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." At
        the time of the inspection, Ruby Radio failed to insure that, over
        the three months prior to the inspection, all tests of the EAS system
        were conducted.

     c. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
        ...[r]eview of the station records at least once each week to
        determine if required entries are being made correctly. Additionally,
        verification must be made that the station has been operated as
        required by the rules or the station authorization. Upon completion
        of the review, the chief operator or his designee must date and sign
        the log, initiate any corrective action which may be necessary, and
        advise the station licensee of any condition which is repetitive." At
        the time of inspection, the chief operator had not signed and dated
        the station log indicating completion of the weekly review, for more
        than 3 months.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Ruby Radio Corporation,
       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
       Ruby Radio Corporation. 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 Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Ruby Radio Corporation at its address of record.

    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.


   Thomas N. Van Stavern

   District Director

   San Francisco 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