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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   FM Idaho Co., LLC )  File No. EB-FIELDWR-12-00003951

   Licensee of Station KPDA-FM )


   Facility ID # 28218 )

   ) NOV No. V201232920006

   Gooding, Idaho )

                              NOTICE OF VIOLATION

   Released: September 13, 2012

   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  FM Idaho Co., LLC (FM Idaho), licensee
       of radio station KPDA-FM in Gooding, Idaho.   Pursuant to Section
       1.89(a) of the Commission's Rules, issuance of this NOV does not
       preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation noted herein.

    2. On August 16, 2012, an agent of the Enforcement Bureau's Portland
       Office inspected radio station KPDA-FM located at 5660 East Franklin
       Road, Nampa, Idaho, and observed the following violation:

     a. 47 C.F.R. S: 11.15: "[The Emergency Alert System (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 positions 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, KPDA-FM did not have the EAS
        Operating Handbook at the normal duty positions or EAS equipment

    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.

    4. Pursuant to Section  308(b) 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 taken.  Therefore, FM Idaho, 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.

    5. In accordance with Section 1.16 of the Commission's Rules, we direct 
       FM Idaho to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of  FM Idaho with personal knowledge of the
       representations provided in  FM Idaho'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.

    6. 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, Washington 98666-1469

    7. This Notice shall be sent to  FM Idaho Co., LLC at  its address of

    8. 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: 308(b).

   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