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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Coates Broadcasting, Inc. )

   Licensee of Radio Station KDSS ) File No. EB-08-SF-0362

   Facility ID# 63558 )

   Ely, Nevada ) NOV No. V200932960004



                              NOTICE OF VIOLATION

   Released: January 16, 2009

   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 Coates Broadcasting, Inc. ("Coates
       Broadcasting"), licensee of radio station KDSS in Ely, Nevada.

    2. On September 18, 2008, an agent of the Enforcement Bureau's San
       Francisco Office inspected radio station KDSS located in Ely, Nevada,
       and observed the following violation:

   a. 47 C.F.R. S: 11.51(c): "By the effective dates provided in S: 11.11(a),
   all analog and digital radio and television broadcast stations shall
   transmit EAS messages in the main audio channel." No audio message was
   transmitted during the Required Weekly Test ("RWT") transmissions for the
   month of August 2008.

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

   5653 Stoneridge Drive, Suite 105

   Pleasanton, California 94588-8543

    4. This Notice shall be sent by Certified Mail, Return Receipt Requested
       and regular mail to Coates Broadcasting, Inc., at the 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.


   Thomas N. VanStavern

   District Director

   San Francisco District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 11.11(a).

   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