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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Agpal Broadcasting Inc. ) File No. EB-10-PO-0122

   Licensee of Station KCUP )


   Facility ID # 645 )

   ) NOV No. V201132920037

   Toledo, Oregon )

                              NOTICE OF VIOLATION

   Released: September 29, 2011

   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 Agpal Broadcasting Inc.,
       ("Agpal"), licensee of radio station KCUP in Toledo, Oregon. This
       Notice may be combined with a further action, if further action is

    2. On February 10, 2011, an agent of the Enforcement Bureau's Portland
       Office inspected radio station KCUP located at 145 N. Coast Highway
       Suite D, Newport, Oregon 97365, and observed the following violations:

     a. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders and Attention Signal generating and
        receiving equipment used as part of the EAS are installed so that the
        monitoring and transmitting functions are available during the times
        the stations and systems are in operation. Additionally, EAS
        Participants must determine the cause of any failure to receive the
        required tests or activations specified in S: 11.61(a)(1) and
        (a)(2)." The Portland agent's inspection revealed that the EAS
        Encoder/Decoder was not operational and was noted as sent out for

     b. 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)." The
        Portland agent's inspection revealed that multiple EAS log entries
        were missing.

    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, Agpal 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
       Agpal to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of the Agpal Broadcasting Inc.  with personal
       knowledge of the representations provided in Agpal'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, WA 98666-1469

    6. This Notice shall be sent to the Agpal Broadcasting Inc.  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