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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Weber State College ) File No. EB-09-DV-0043

   Licensee of Radio Station KWCR-FM )


   Facility ID # 71394 ) NOV No. V201032800017

   Ogden, Utah )


                              NOTICE OF VIOLATION

   Released:  January 4, 2010

   By the District Director,  Denver  Office, Western Region, Enforcement

    1. This is a  Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to  Weber State College  ("Weber"),
       licensee of broadcast radio station KWCR-FM  in Ogden, Utah.  This
       Notice may be combined with a further action, if further action is

    2. On September 21, 2009, agents of the Enforcement Bureau's  Denver 
       District Office inspected KWCR-FM,  located at 1605 University Circle,
       in Ogden, Utah, and observed the following violations:

     a. 47 C.F.R. S: 11.35(a): Emergency Alert System ("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, the agents found that there were no entries
   in the station log indicating why Required Weekly Tests ("RWTs") and
   Required Monthly Test ("RMTs") had been sporadically missed for the first
   monitoring source, KSL (AM), and entirely missed for the second monitoring
   source, NOAA weather service, for over the three months prior to the

     b. 47 C.F.R. S: 11.61(a)(1): "EAS  Participants shall conduct tests at
        regular intervals . . . [including] Required Monthly Tests of the EAS
        header codes, Attention Signal, Test Script and End of Message code."

   At the time of inspection, the agents found that the station had no record
   of RMT transmissions for  the months of April, May, June, July and August
   of 2009.

     c. 47 C.F.R. S: 11.61(a)(2): "EAS Participants shall conduct tests at
        regular intervals . . . [including] Required Weekly Tests of the EAS
        header codes, and End of Message code." 

   At the time of inspection, the agents found that the station had no record
   of RWT transmissions from June 1 to June 20, 2009; July 5 to July 11,
   2009; and August 9 to August 15, 2009.

     d. 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 the inspection, the agents found that the licensee's  EAS
   records did not indicate that the RMTs  for the months of June, July and
   August 2009 were conducted.  There were no notes recorded as to why the
   station did not receive the required weekly test or the required monthly
   tests from the first and second monitoring assignments,  KSL(AM) and the
   NOAA weather service operating on the assigned frequency of 162.55 MHz,
   for  June, July and August 2009. Further, there were no records of EAS
   equipment inspections and whether those inspections revealed any equipment
   malfunctions.  Finally, there were no entries made in the EAS log 
   concerning the EAS encoder/decoder unit having been out of service from
   August 17, 200, to the date of the inspection.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. Pursuant to Section 403 of the
       Communications Act of 1934, as amended, and Section 1.89 of the
       Commission's Rules, we seek additional information concerning the
       violations and any remedial actions the station may have taken. 
       Therefore, Weber must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself 
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Weber to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Weber with personal knowledge of the
       representations provided in Weber's response, verifying the truth and
       accuracy of the information therein, and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

   Denver District  Office

   215 South Wadsworth Boulevard, Suite 303

   Lakewood, CO  80226

    6. This Notice shall be sent to  Weber State College  at its address of

    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.


   Nikki P. Shears

   District Director

   Denver  District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission