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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Heartland Comm. Houghton License LLC ) File No. EB-10-DT-0049

   Licensee of Radio Station WOLV )

   Facility ID # 65673 ) NOV No. V201132360003


   Licensee of Radio Station WHKB )

   Facility ID # 27690 )


   Licensee of Radio Station WCCY )

   Facility ID # 65672 )

   Houghton, Michigan )



                              NOTICE OF VIOLATION

                                                  Released: November 30, 2010

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Heartland Comm. Houghton License LLC
       ("Heartland"), licensee of radio stations WOLV(FM), WHKB(FM) and
       WCCY(AM) in Houghton, Michigan. This Notice may be combined with
       further action, if further action is warranted.

    2. On August 3, 2010, an agent of the Enforcement Bureau's Detroit Office
       inspected co-located radio stations WOLV(FM), WHKB(FM) and WCCY(AM) at
       the stations' main studio at 313 Montezuma Avenue, Houghton, Michigan,
       and observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        cable system and wireless cable system are specified in the State EAS
        Plan and FCC Mapbook. They are developed in accordance with FCC
        monitoring priorities..." Stations WOLV, WHKB, and WCCY share
        Emergency Alert System ("EAS") equipment. At the time of inspection,
        Heartland was not monitoring the assigned LP2 Station, WCUP

     b. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) of this
        section.... All tests will conform with the procedures in the EAS
        Operating Handbook. (1) Required Monthly Tests of the EAS header
        codes, Attention Signal Test Script and EOM code. During the
        inspection, a station representative reported that no monthly test
        had been conducted for the month of July.

     c. 47 C.F.R. S: 73.1870(c)(3): "The Chief Operator shall [r]eview...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." At the time of
        inspection, the agent observed that the logs were not signed and
        dated by the chief operator.

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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335-1552

    6. This Notice shall be sent to Heartland Comm. Houghton License, 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 A. Bridgewater

   District Director

   Detroit District 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