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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Ely Radio, LLC ) File No. EB-FIELDWR-12-00004672

   Former Licensee of Station KWNA-FM )

   Facility ID # 60047 ) NOV No. V201332960004

   Winnemucca, NV )


                              NOTICE OF VIOLATION

   Released: November 2, 2012

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to Ely Radio, LLC (Ely), former
       licensee of radio station KWNA-FM in Winnemucca, NV. Pursuant to
       Section 1.89(a) of the Commission's Rules, issuance of this Notice
       does not preclude the Enforcement Bureau from further action if
       warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violations noted herein.

    2. On September 10, 2012, an agent of the Enforcement Bureau's Denver
       Office inspected radio station KWNA-FM located at 335 W 4th Street,
       Winnemucca, NV, 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, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol 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 (2). Appropriate entries
        indicating reasons why any tests were not received must be made in
        the broadcast station log as specified in S:S:73.1820 and 73.1840 of
        this chapter for all broadcast streams and cable system records as
        specified in S:S:76.1700, 76.1708, and 76.1711 of this chapter. All
        other EAS Participants must also keep records indicating reasons why
        any tests were not received and these records must be retained for
        two years, maintained at the EAS Participant's headquarters, and made
        available for public inspection upon reasonable request." The station
        had EAS records only from August 13, 2012, to the day of inspection
        on September 10, 2012; there were no other EAS records. Aside from
        these EAS records, the station had no logs documenting EAS issues or

     b. 47 C.F.R. S: 11.61(a)(2)(i)(A): "Analog and digital AM, FM, and TV
        broadcast stations must conduct tests of the EAS header and EOM codes
        at least once a week at random days and times." The station had no
        EAS records prior to August 13, 2012, and no evidence of EAS tests
        preceding August 13, 2012. The EAS records from August 13, 2012, to
        September 10, 2012, show that the station did not transmit the
        Required Weekly Test (RWT) during the weeks of August 13, August 27,
        and September 3, 2012.

     c. 47 C.F.R. S: 11.21: "EAS plans contain guidelines which must be
        followed by EAS Participants' personnel, emergency officials, and
        National Weather Service (NWS) personnel to activate the EAS...". The
        State EAS Plan requires that KWNA-FM monitor KKOH, KUNR, NWS, and
        FEMA. At the time of the inspection, KWNA-FM was not monitoring KKOH.

     d. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible of the station records once each week to determine if
        required entries are being made correctly...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."
        During the inspection, the chief operator said that he had not
        reviewed the EAS logs.

     e. 47 C.F.R. S: 73.1943: "Every licensee shall keep and permit public
        inspection of a complete and orderly record (political file) of all
        requests for broadcast time made by or on behalf of a candidate for
        public office, together with an appropriate notation showing the
        disposition made by the licensee of such requests, and the charges
        made, if any, if the request is granted." During the inspection, the
        station manager said that the station had requests but no time was
        purchased by a political candidate. The station manager said that the
        station did not keep and could not provide records of these requests.

     f. 47 C.F.R. S: 73.3526(e)(1): "Authorization. A copy of the current FCC
        authorization to construct or operate the station, as well as any
        other documents necessary to reflect any modifications thereto or any
        conditions that the FCC has placed on the authorization. These
        materials shall be retained until replaced by a new authorization, at
        which time a copy of the new authorization and any related materials
        shall be placed in the file." At the time of the inspection, the
        station did not have or could not find a copy of the station

     g. 47 C.F.R. S: 73.3526(e)(5): "Ownership reports and related materials.
        A copy of the most recent, complete ownership report filed with the
        FCC for the station, together with any subsequent statement filed
        with the FCC certifying that the current report is accurate, and
        together with all related material. These materials shall be retained
        until a new, complete ownership report is filed with the FCC, at
        which time a copy of the new report and any related materials shall
        be placed in the file." The station did not have the most recent
        ownership report.

     h. 47 C.F.R. S: 73.3526(e)(12): "Issues/Programs lists. 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." The station did not have any issues/programs lists in
        its public inspection file.

    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 Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore,
       Ely 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 Rules, we direct Ely to support
       its response to this Notice with an affidavit or declaration under
       penalty of perjury, signed and dated by an authorized officer of Ely
       with personal knowledge of the representations provided in the Ely
       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

   San Francisco Office

   5653 Stoneridge Dr., Suite 105

   Pleasanton, CA 94588

    7. This Notice shall be sent to Ely Radio, LLC at its address of record.

    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.


   David K. Hartshorn

   District Director

   San Francisco 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 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