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

In the Matter of                )
Dan Etulain                     )            File  No.  EB-03-AN-
Licensee of Television Station KSCT-LP       )
Facility ID #15348              )            NOV No.  20043278001
Sitka, Alaska                   )

                       NOTICE OF VIOLATION
                                         Released: March 17, 2004

By the Anchorage Resident Agent Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to  Dan 
     Etulain, licensee of low power television station KSCT-LP.

  2.      On  June  12,  2003,  an  agent  of  the   Commission's 
     Anchorage  Resident   Agent  Office   inspected  low   power 
     television station KSCT-LP located  at 520 Lake St.,  Sitka, 
     Alaska, and observed the following violation(s):

  2.a.      47 C.F.R.  11.35(a): ``Broadcast stations  must 
            determine the  cause of any  failure to  receive 
            the required  tests or activations 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 of  this 
            chapter.'' The agent did not locate log  entries 
            stating the  reason for the  failure to  receive 
            the  required  second  monitoring  source,  LP-1 
            (KIFW) the  weeks of  March 9,  March 23,  March 
            30, April 12,  April 20, May11, 2003. The  agent 
            did not  locate entries stating  the reason  for 
            the  failure   to  receive   the  required   two 
            monitoring  sources the  weeks of  March 16  and 
            April 27, 2003.

  2.b.      47  C.F.R.   73.1800(b):  ``The logs  shall  be 
            kept  in  an  orderly  and  legible  manner,  in 
            suitable form and  in such detail that the  data 
            required  for the  particular class  of  station 
            concerned  is  readily available.  The  EAS  log 
            presented  to  the  agent  were  EAS  printouts, 
            rolled up,  taken directly off  the printer.  It 
            was  difficult for  the agent  to easily  locate 
            specific  calendar  dates,  weekly/monthly  test 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  Dan  Etulain   must  submit   a  written   statement 
     concerning this matter  within 20  days of  release of  this 
     Notice.  The  response must  fully explain  what  procedures 
     have been instituted since the  June 12, 2003 inspection  to 
     ensure that appropriate EAS  tests are received and  logged. 
     The response  must be  complete in  itself and  signed by  a 
     principal or  officer  of  the licensee.   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
                 Anchorage Resident Agent Office
                 P.O. Box 221849
                 Anchorage, Alaska 99522-1849

  4.      This Notice shall be sent to Dan Etulain, 520 Lake St., 
     Sitka, Alaska  99835.

  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 

                                Marlene Windel
                                Resident Agent
                                Anchorage Resident Agent 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.