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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Kickin' Country Broadcasting, LLC ) File No. EB-08-DL-0202

   Licensee of Radio Station KCKM )

   Facility ID # 35048 ) NOV No. V201032500001

   Monahans, TX )


                              NOTICE OF VIOLATION

                                                  Released: February 17, 2010

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Kickin' Country Broadcasting, LLC,
       licensee of radio station KCKM in Monahans, TX.

    2. On December 1, 2009, agents of the Commission's Dallas Office
       inspected the main studio of radio station KCKM, located in Monahans,
       TX 79756, and observed the following violation(s):

     a. 47 C.F.R. S: 11.61(b): "Entries shall be made in EAS Participant
        records, as specified in S:S:11.35(a) and 11.54(b)(13)."   Although
        the station's EAS equipment was operational and all required tests
        were sent and received, a review of the station records showed a
        failure to log any tests sent during the month of August 2009 and a
        failure to log required monthly tests sent between August 1, 2009 and
        December 1, 2009.

     b. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible for
        completion of the following duties specified in this paragraph below.
        When these duties are delegated to other persons, the chief operator
        shall maintain supervisory oversight sufficient to know that each
        requirement has been fulfilled in a timely and correct manner. (1)
        Inspections and calibrations of the transmission system, required
        monitors, metering and control systems; and any necessary repairs or
        adjustments where indicated. (See S:73.1580.) (2) Periodic AM field
        monitoring point measurements, equipment performance measurements, or
        other tests as specified in the rules or terms of the station
        license. (3) 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. (4)
        Any entries which may be required in the station records. (See
        S:73.1820.)." On December 1, 2009, the chief operator acknowledged
        that he was unaware of this rule or his responsibilities under it and
        had not been reviewing station records.

    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 violation(s) and any remedial actions the station may
       have taken.  Therefore, Kickin' Country 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
       Kickin' Country 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 Stone/Collins
       Communications, Inc. with personal knowledge of the representations
       provided in Stone/Collins Communications, Inc.'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

   Dallas Office

   9330 LBJ Freeway, #1170

   Dallas, Texas 75243

    6. This Notice shall be sent to Kickin' Country 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.


   James D. Wells

   District Director

   Dallas District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   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