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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   The Mountain Broadcasting LLC ) File No. EB-09-PO-0052

   Licensee of Radio station KOHI(AM) )

   Facility ID# 70467 )

   ) NOV No. V201032920004

   Saint Helens, Oregon )

                              NOTICE OF VIOLATION

   Released: January 4, 2010

   By the Resident Agent, Portland Resident Agent  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 the Mountain Broadcasting LLC,
       licensee of AM broadcast station KOHI in Saint Helens, Oregon.  This
       Notice may be combined with a further action, if further action is

    2. On  October 15, 2009, an agent of the Enforcement Bureau's  Portland
       Resident Agent  Office inspected radio broadcast station KOHI  in
       Saint Helens, Oregon and observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignment of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook."

   At the time of the inspection, the agent found that  KOHI was monitoring
   only one EAS source and was not monitoring the required local primary
   (LP-1) station.

     b. 47 C.F.R. S: 76.3526(e)(8): "At all times, a copy of the most recent
        version of The Public and Broadcasting Manual" must be retained in
        the public inspection file."

   At the time of the inspection, the agent found that KOHI could not produce
   a copy of The Public and Broadcasting Manual.

     c. 47 C.F.R. S: 76.3526(e)(12): " For commercial AM and FM broadcast
        stations, every three months a list of programs that have provided
        the station's most significant treatment of community issues during
        the preceding three month period. The list for each calendar quarter
        is to be filed by the tenth day of the succeeding calendar quarter
        (e.g., January 10th for the quarter October-December, April 10th for
        the quarter January-March, etc.)."

   At the time of the inspection, the agent found that KOHI could not produce
   the issues/programs list for the Third Quarter (July-September) of the
   calendar year of 2009. This list should have been filed on October 10,

    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. We also must investigate
       violations of other rules that apply to broadcast licensees.  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, Mountain Broadcasting LLC 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
       Mountain Broadcasting LLC to support its response to this Notice with
       an affidavit or declaration under penalty of perjury, signed and dated
       by an authorized officer of Mountain Broadcasting LLC with personal
       knowledge of the representations provided in Mountain Broadcasting
       LLC'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

   Portland Resident Agent Office

   P.O. Box 61469

   Vancouver, Washington 98666-1469

    6. This Notice shall be sent to Mountain 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent  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