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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Eolin Broadcasting Inc.         )            File  No.  EB-03-BF-
116
Licensee of Radio Station WENY-FM            )
Facility ID # 71509             )            NOV              No.  
V20043228002
Elmira, New York                )
                                )
Attention: Mr. Robert Eolin, President  )


                       NOTICE OF VIOLATION

                                             Released:  October 
22, 2003

By the Resident Agent, Buffalo Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Eolin Broadcasting, Inc., licensee of radio station WENY-FM.

  2.      On September  25, 2003,  an agent  of the  Commission's 
     Buffalo Office inspected  radio station  WENY-FM located  in 
     Elmira, New York, and observed the following violation(s):


  2.a.      47   C.F.R.  §   11.35(a):  ``...   Additionally 
            broadcast  stations  ....  must  determine   the 
            cause  of any  failure to  receive the  required 
            tests  specified  in  §§  11.61(a)(1)  and  (2).  
            Appropriate  entries   must  be   made  in   the 
            broadcast station log as specified in §  73.1820 
            and § 73.1840 .... , indicating reasons why  any 
            tests  were not  received.''  WENY-FM  logs  did 
            not  contain entries  determining the  cause  of 
            any failure to  receive weekly tests from  LP-1, 
            WNKI, for  the periods June 4  to June 19,  2003 
            and August 21 to September 10, 2003.

  2.b.      47 C.F.R. § 11.61(a)(2)(A): ``Effective  January 
            1, 1997,  AM, FM, and  TV stations must  conduct 
            weekly tests of the EAS header and EOM codes  at 
            least once  a week at  random days and  times.''  
            WENY-FM did  not transmit weekly  tests for  the 
            periods  June 17  to July  4, 2003;  July 29  to 
            August 14, 2003; and August 27 to September  10, 
            2003.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Eolin  Broadcasting  Inc.,  must  submit  a  written 
     statement concerning this matter  within 20 days of  release 
     of this  Notice.   The  response  must  fully  explain  each 
     violation,  must  contain  a   statement  of  the   specific 
     action(s) taken  to  correct  each  violation  and  preclude 
     recurrence, and should include a time line for completion of 
     pending corrective action(s).  The response must be complete 
     in itself  and  signed by  a  principal or  officer  of  the 
     licensee with personal knowledge of the matter.  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
                 Room 1307 Federal Building
                 111 W. Huron Street
                 Buffalo, New York 14202


  4.      This Notice shall  be sent to  Eolin Broadcasting  Inc; 
     P.O. Box 1047; Corning, New York 14830.

  5.      The Privacy Act  of 19743 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.  Any false statement  made 
     knowingly  and  willfully  in   reply  to  this  Notice   is 
     punishable by fine  or imprisonment  under Title  18 of  the 
     U.S. Code.4


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Gene J. Stanbro
                                Resident Agent
                                Buffalo Office



_________________________

1 47 C.F.R. § 1.89.

2 47 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).

4 18 U.S.C. § 1001 et seq.