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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
Upper Wabash Broadcasting Corp. )
Radio Station WKUZ              )            File No.   EB-03-CG-
ASR # 1031600                   )            NOV              No.  
LaFountaine, IN                 )

              5.                  NOTICE OF VIOLATION

                                             Released:  November 
7, 2003

By the District Director, Chicago Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section  1.89  of  the  Commission's  Rules,1  to  Upper   Wabash 
Broadcasting Corp. (``Wabash'').

     On November 7,  2003, an agent  of the Commission's  Chicago 
Office received  information  that  the lights  on  your  antenna 
structure, ASR# 1031600,  located at  LaFountaine, Indiana,  were 
operating in violation of Federal Communications Commission  Rule 

  5.a.      47  C.F.R.    17.48(a):   ``The  owner  of  any 
            antenna structure which is registered ...  Shall 
            report immediately by telephone or telegraph  to 
            the nearest Flight Service Station or office  of 
            the   Federal   Aviation   Administration    any 
            observed  or otherwise  known extinguishment  or 
            improper    functioning    of    any    flashing 
            obstruction  light  ....''  The  lights  on  the 
            antenna structure were not flashing. Wabash  did 
            not notify  the Federal Aviation  Administration 
            of the malfunction. 

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Upper Wabash Broadcasting Corp., 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
                 Chicago Office
                 1550 Northwest Highway, Room 306
                 Park Ridge, IL  60068

     This Notice  shall  be  sent to  Upper  Wabash  Broadcasting 
Corp., P.O. Box 342, Wabash, IN  46992.

     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 

                                G. Michael Moffitt
                                District Director
                                Chicago 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.