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

In the Matter of                )
Intermountain Broadcasting Company           )    File No. EB-03-
Licensee of Radio Station WJSN-FM            )
Facility ID # 28905             )            NOV No. V20043236007
Jackson, KY                     )

                       NOTICE OF VIOLATION

                                             Released:  January 
6, 2004

By the District Director, Detroit Office, Enforcement Bureau:

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

  2.      On December  19, 2003,  an  agent of  the  Commission's 
     Detroit Office  inspected  radio  station  WJSN  located  at 
     Jackson, Kentucky, and observed the following violation(s):

  2.a.      47 C.F.R.  11.15: ``The EAS Operating  Handbook 
            states in summary  form the actions to be  taken 
            by personnel  at broadcast stations...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  inspection, no  EAS 
            Operating Handbook was available.
  2.b.      47 C.F.R.   11.52(d): ``Broadcast stations  ... 
            must monitor  two EAS  sources.  The  monitoring 
            assignments of  each broadcast  station ...  are 
            specified  in  the   State  EAS  Plan  and   FCC 
            Mapbook.  They are also developed in  accordance 
            with  FCC  monitoring  priorities...''   At  the 
            time  of inspection,  one EAS  source was  being 

  2.c.      47 C.F.R.   11.61(a)(2)(i)(A):  ``Tests of  EAS 
            procedures...Required  Weekly  Tests:...AM,   FM 
            and TV  stations must  conduct  least 
            once   each  week   and  at   random  days   and 
            times...''   During  the six  week  period  from 
            November 2, 2003 to December 13, 2003, only  two 
            EAS tests were sent. 

  2.d.      47  C.F.R.   73.3526(e)(5): ``Contents  of  the 
            file.  The material  required to be retained  in 
            the    public    inspection    file    is     as 
            follows:...Ownership    reports   and    related 
            materials.  A copy of the most recent,  complete 
            ownership  report filed  with  the FCC  for  the 
            station...''   At  the time  of  inspection,  no 
            ownership reports were in the public  inspection 

  2.e.      47  C.F.R.   73.3526(e)(6): ``Contents  of  the 
            file.  The material  required to be retained  in 
            the    public    inspection    file    is     as 
            follows:...Political File.  Such records as  are 
            required  by   73.1943  to be  kept  concerning 
            broadcasts  by  candidates  for  public  office.  
            These records shall  be retained for the  period 
            specified  in     73.1943  (2  years).''   (See 
            attached).   At  the  time  of  inspection,   no 
            political  file  was in  the  public  inspection 
  2.f.      47  C.F.R.   73.3526(e)(8): ``Contents  of  the 
            file.  The material  required to be retained  in 
            the public inspection file is as  follows:...The 
            public and broadcasting.   At all times, a  copy 
            of  the  most  recent  version  of  the   manual 
            entitled  ``The Public  and Broadcasting.''   At 
            the time  of inspection,  there was  no copy  of 
            ``The Public  and Broadcasting''  in the  public 
            inspection file. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Intermountain  Broadcasting  Company, 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
                 Detroit Office
                 24897 Hathaway Street
                 Farmington Hills, MI 48335

  4.      This Notice shall be sent to Intermountain Broadcasting 
     Company, Radio Station WJSN-FM,  1501 Hargis Lane,  Jackson, 
     KY 41339.

  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

                              James A. Bridgewater
                              District Director
                              Detroit 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.