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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Beacon Broadcasting, LLC ) File No. EB-09-DV-0044

   Licensee of Radio Station KVAY )


   Facility ID # 31531 )

   Lamar, Colorado ) NOV No. V201032800018 )

                              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 Beacon Broadcasting, LLC 
       ("Beacon"),  licensee of radio station KVAY in Lamar, Colorado.   This
       Notice may be combined with a further action, if further action is

    2. On November 6, 2009, an agent of the Enforcement Bureau's  Denver 
       Office inspected KVAY, located at 224 S. Main Street, in Lamar,
       Colorado, 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 agent found there were no entries in
   the station log indicating why Required Weekly Tests ("RWTs") from the
   station's local primary (LP-1) monitoring assignment, KLMR-AM had not been
   received for the weeks of October 5-11, 2009, and October 19-25, 2009.
   Additionally, there were no entries in the station log indicating why the
   RWTs from the station's second monitoring assignments for the weeks of
   October 5, 2009 to November 1, 2009, had not been received.

     b. 47 C.F.R. S: 11.15: "The EAS Operating Handbook . . . must be located
        at normal duty positions or EAS equipment locations when an operator
        is required to be on duty and be immediately available to staff
        responsible for authenticating messages and initiating actions."

   At the time of the inspection, the agent found that no EAS Operating
   Handbook was available.

    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, Beacon 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
       Beacon to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Beacon with personal knowledge of the
       representations provided in Beacon'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, Colorado 80226

    6. This Notice shall be sent to Beacon Broadcasting, 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.


   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