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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Eureka Broadcasting Co., Inc. ) File No. EB-11-PO-0113

   Licensee of Station KURY )


   Facility ID # 35801 )

   ) NOV No. V201132920038

   Brookings, Oregon )

                              NOTICE OF VIOLATION

   Released: September 30, 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 Eureka Broadcasting Co., Inc.
       ("Eureka"), licensee of radio station KURY in Brookings, Oregon. This
       Notice may be combined with a further action, if further action is

    2. On August 19, 2011, an agent of the Enforcement Bureau's Portland
       Office inspected radio station KURY located at 605 Railroad Avenue,
       Brookings, Oregon 97850, and observed the following violations:

     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)." There were
        missing EAS log entries from June 29, 2011 through August 10, 2011.

   b. 47 C.F.R. S: 73.3526(e)(12): "For commercial AM and FM broadcast
   stations, every three months a list of programs that have provided the
   station's most significant treatment of community issues during the
   preceding three month period. The list for each calendar quarter is to be
   filed by the tenth day of the succeeding calendar quarter (e.g., January
   10 for the quarter October--December, April 10 for the quarter
   January--March, etc.). The list shall include a brief narrative describing
   what issues were given significant treatment and the programming that
   provided this treatment. The description of the programs shall include,
   but shall not be limited to, the time, date, duration, and title of each
   program in which the issue was treated. The lists described in this
   paragraph shall be retained in the public inspection file until final
   action has been taken on the station's next license renewal application."
   Radio station KURY's public inspection file did not have the First and
   Second Quarters of the Issues and Programs Lists for the calendar year of

    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 violations and any remedial actions the station may
       have taken.  Therefore, Eureka, 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
       Eureka 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 Eureka Broadcasting Co., Inc.  with personal
       knowledge of the representations provided in the Eureka'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 Eureka Broadcasting Co., 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 C.F.R. S: 73.3526(e)(12).

   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