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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Burbach of DE, LLC ) File Nos. EB-10-CF-0084

   Licensee of Radio Station WADC ) EB-10-CF-0085

   Facility ID # 15255 )

   Parkersburg, WV ) NOV No. V201032340004


   Licensee of Radio Station WGGE )

   Facility ID # 15254 )

   Parkersburg, WV )

                              NOTICE OF VIOLATION

   Released: June 25, 2010

   By the District Director, Columbia Field Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Burbach of DE, LLC, licensee of
       broadcast radio stations WADC and WGGE in Parkersburg, WV.

    2. On March 30, 2010, an agent of the Commission's Columbia Field Office
       inspected the WADC and WGGE main studios located at #5 Rosemar Circle,
       Parkersburg, WV, and observed the following violations:

   47 C.F.R. S: 11.61(b): "Entries shall be made in EAS participants records,
   as specified in Sections 11.35(a) and 11.54(b)(13)." At the time of the
   inspection, the agent observed that there were no entries in the stations'
   logs documenting the Required Weekly Tests received by WADC and WGGE for
   the weeks of December 21, 2009, December 28, 2009, January 4, 2010,
   January 11, 2010, January 18, 2010, February 15, 2010, and February 22,
   2010. In addition, there were no entries in the stations' logs documenting
   the Required Monthly Tests for the four month period prior to the

    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
       violation(s) and any remedial actions the station may have taken. 
       Therefore, Burbach of DE, 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
       Burbach of DE, 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 Burbach of DE, LLC with personal knowledge of
       the representations provided in Burbach of DE, LLC 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

   Columbia Field Office

   9200 Farm House Lane

   Columbia, MD 21046

    6. This Notice shall be sent to Burbach of DE, LLC 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.


   Salomon Satche

   District Director

   Columbia Field Office

   Northeast 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