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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Entercom Wichita License, LLC ) File No. EB-08-KC-0357

   Licensee of Radio Station KEYN-FM )

   Facility ID # 53151 ) NOV No. V200932560002

   Wichita, Kansas )



                              NOTICE OF VIOLATION

   Released: 12/10/2008

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Entercom Wichita License, LLC,
       licensee of radio station KEYN-FM in Wichita, Kansas.

    2. On November 24, 2008, the Kansas state Emergency Alert System ("EAS")
       coordinator, requested the assistance of the Commission's Kansas City
       Office of the Enforcement Bureau ("Kansas City Office") to resolve an
       ongoing issue regarding missing EAS tests from radio station KEYN-FM.
       The coordinator expressed concern that station personnel at KEYN-FM
       were reportedly not responding to requests for information from other
       stations that monitor KEYN-FM as part of their designated EAS
       monitoring assignments.

    3. After receiving the complaint, on November 24, 2008, an agent of the
       Kansas City Office contacted the General Manager for radio station
       KEYN-FM located at Wichita, Kansas, and, after discussing the
       complaint, the agent requested that the station provide copies of all
       station logs and records pertaining to the EAS operation for the three
       month period ending 11/24/08. The requested logs and records were
       received on November 28, 2008. Based on those logs and records, the
       following violations have been detected:

     a. 47 C.F.R. S:11.61(a)(2): "Required Weekly Tests: 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..." The
        station logs submitted are for the 17-week period of 8/3/08 -
        11/24/08. According to these logs, station KEYN-FM did not transmit
        any EAS activation during five of those weeks. This includes the
        weeks of 8/24-8/30, 9/21-9/27, 10/5-10/11, 10/19-10/25 and
        11/16-11/22. Of the weeks when tests were conducted, the tests were
        not conducted at random days and times. The tests that were initiated
        by KEYN-FM were typically on Tuesday mornings between 7  am -11 am.

     b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
        completion of the following duties ... Review 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."  A review of the station logs and
        records submitted by the station pertaining to EAS activations do not
        show that any operator is reviewing, signing, or dating the logs
        weekly as required. The logs did contain four notes, dated 8/30,
        9/30, 10/31 and 11/21 which  mentioned some of the missing EAS
        activations, however, those notes were typically made at the end of a
        month, and most noted a repetitive condition that the EAS test was
        not initiated due to "Operator Error." These logs contained no other
        dates or signatures to indicate  that a weekly review had occurred,
        no corrective actions were recorded, and there is no indication that
        the licensee was notified of the repeated failure to conduct required
        EAS tests.

    4. According to the complaint from the Kansas state EAS coordinator,
       personnel from several stations and the coordinator have made attempts
       to contact KEYN-FM station personnel to determine why some EAS tests
       were not received. However, KEYN-FM station personnel reportedly would
       not return phone calls and email requests for information. We remind
       Entercom Wichita License, LLC that it is responsible for ensuring that
       its EAS equipment is fully operational, pursuant to 47 C.F.R. S:
       11.35(a). Discussions with the state EAS coordinator and other
       stations regarding missing EAS tests would likely help determine
       whether the station's EAS equipment is fully operational.

    5. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Entercom Wichita
       License, LLC, 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

   Kansas City Office

   520 NE Colbern Rd., 2nd Floor

   Lees Summit, MO 64086

    6. This Notice shall be sent to Entercom Wichita License, LLC at its
       address of record.

    7. 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.


   Robert C. McKinney

   District Director

   Kansas City 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