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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Holiday Broadcasting Company ) File No. EB-10-DV-0282

   Licensee of Radio Station KDYL )

   Facility ID No. 27458 )

   South Salt Lake, Utah ) NOV No. V201132800008


                              NOTICE OF VIOLATION

   Released: October 27, 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 Holiday Broadcasting Company
       ("Holiday"), licensee of radio station KDYL in South Salt Lake, Utah.
       This Notice may be combined with a further action, if further action
       is warranted.

    2. On August 4, 2010, an agent of the Enforcement Bureau's Denver Office
       inspected KDYL located at 3606 South 500 West, Salt Lake City, Utah,
       and observed the following violations:

     a. 47 C.F.R. S: 11.15: "EAS Operating Handbook. The EAS Operating
        Handbook states in summary form the actions to be taken by personnel
        at EAS Participant facilities upon receipt of an EAN, an EAT, tests,
        or State and Local Area alerts. It is issued by the FCC and contains
        instructions for the above situations. A copy of the Handbook must be
        located at normal duty position 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 EAS Operating Handbook
        was not found at the station's normal duty position or EAS equipment

     b. 47 C.F.R. S: 11.35(a): "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, there were no entries in the station log indicating why
        the RMT and some of the RWT tests had been missed during the month of
        June 2010.

     c. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
        this section. Additional tests may be performed anytime. EAS
        activations and special tests may be performed in lieu of required
        tests as specified in paragraph (a)(4) of this section. All tests
        will conform with the procedures in the EAS Operating Handbook." At
        the time of the inspection, Holiday failed to ensure that, during the
        month of June 2010, multiple tests of the EAS system were conducted.

    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, Holiday 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
       Holiday to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Holiday with personal knowledge of the
       representations provided in Holiday'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 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Holiday Broadcasting Company 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