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

In the Matter of                )
KHCA, Inc.                      )                              
FileNo. EB-04-KC-058  Broadcast Station KHCA FM   )                    
NOV No. V20043256006
Wamego, Kansas                  )

                       NOTICE OF VIOLATION

                                             Released:  May 5, 

By the District Director, Kansas City Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     KHCA, Inc..

  2.      On April 9, 2004, an  agent of the Commission's  Kansas 
     City Office  inspected  FM  Broadcast  radio  station  KHCA, 
     licensed  to  Wamego,  Kansas  and  observed  the  following 

  2.a.       47 C.F.R.  § 73.1230:  The station license  and 
            any  other instrument  of station  authorization 
            shall be posted in a conspicuous place.

            At   the   time   of   inspection   no   station 
            authorization  was   posted  or  found  at   the 
            station.   The  public  file  inspected  at  the 
            public library  did have a  copy of the  station 
            authorization with  expiration date  of June  1, 
            1997.  No renewal card was found.   

  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, only one EAS  source, 
            WIBW-FM,  was being  monitored and  the  station 
            logs reflected receiving only one source.   Logs 
            from 12/28/03 through 4/10/04 were reviewed. 

  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 

            The station's EAS  logs indicated that a  weekly 
            EAS test had  not been received for the week  of 
            February  22, 2004  through February  28,  2004.   
            No record  of a weekly EAS  test being sent  for 
            the week  of March  21, 2004  through March  27, 
            2004.    Additionally,  the   station  is   only 
            monitoring one  source and no  reason was  given 
            as  to   why  the  secondary   source  was   not 
            receiving EAS tests. 

  2.d.      47 C.F.R.  § 11.35(a):  Broadcast stations  must 
            determine the  cause of any  failure to  receive 
            the required EAS tests.  

            At the time  of the inspection the station  logs 
            did  not indicate  why EAS  tests had  not  been 
            sent  or  received.   The  logs  also  did   not 
            indicate  why the  station was  only  monitoring 
            one source instead of the required two  sources.  
            The station EAS  logs that were reviewed at  the 
            time  of  the  inspection  were  from   12/28/03 
            through 4/10/04.  

  2.e.      47 C.F.R.  § 73.3526(b):  The public  inspection 
            file shall be  maintained at the main studio  of 
            the station.

            At the  time of inspection  the public file  was 
            not maintained at  the main studio.  The  public 
            file  was located  at the  Wamego Kansas  Public 
            Library  and was  not up  to date.   The  latest 
            item  placed   in  the  public   file  was   the 
            issues/programs list  for the  first quarter  of 
            1997 which was dated March 26, 1997.    

  2.f.      47   C.F.R.   §   73.3526(e)(1):    The   public 
            inspection  file shall  contain  a copy  of  the 
            current   FCC  authorization   to  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.

            FCC inspector went  to the Wamego Kansas  Public 
            Library to  inspect the contents  of the  public 
            file.  A copy  of the station authorization  was 
            located, with  expiration of June  1, 1997.   No 
            renewal card was found.  

  2.g.      47   C.F.R.   §   73.3526(e)(2):    The   public 
            inspection  file shall  contain  a copy  of  any 
            application tendered  for filing  with the  FCC, 
            together with  all related material, and  copies 
            of  Initial  Decisions and  Final  Decisions  in 
            hearing cases pertaining thereto.

            At  the time  of the  inspection of  the  public 
            file  did not  contain  a copy  of  the  license 
            renewal  application  filed  with  the  FCC.   A 
            draft copy  of the  license renewal  application 
            to  be filed  with  FCC marked  ``DRAFT  COPY'', 
            dated 9/13/1993, was found in the file.  

  2.h.      47 C.F.R. §  73.3526(e)(5):  A copy of the  most 
            recent,  complete ownership  report  filed  with 
            the  FCC  for the  station,  together  with  any 
            statements 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.   

            At  the time  of the  inspection of  the  public 
            file a current copy of the Ownership Report  was 
            not  found   in  the  file.    The  last   dated 
            Ownership Report  found was  dated 2/01/93.   As 
            part  of  the  response  to  this  notice,   the 
            licensee  shall provide  a copy  of the  current 
            Ownership Report.  

  2.i.      47   C.F.R.   §   73.3526(e)(8):    The   public 
            inspection file  shall contain at  all times,  a 
            copy of  the most recent  version of the  manual 
            entitled ``The Public and Broadcasting.'' 

            At  the time  of the  inspection of  the  public 
            file   no  copy   of   the  ``The   Public   and 
            Broadcasting'' manual was found.   

  2.j.      47   C.F.R.  §   73.3526(e)(12):    The   public 
            inspection file shall contain for commercial  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 
            October¾December,  April  10  for  the   Quarter 
            January¾March, etc.).

            At  the time  of the  inspection of  the  public 
            file no current issues/programs list was  found.  
            The last issues/programs list found in the  file 
            was dated  3/26/1997.  As part  of the  response 
            to this notice,  a copy of the first quarter  of 
            2004 issues/programs list shall be provided.     

  2.k.      47  C.F.R.  §  73.1350(c):   The  licensee  must 
            establish  monitoring procedures  and  schedules 
            for the station. 

            The station  did not have monitoring  procedures 
            or schedules established.  

  2.l.      47   C.F.R.    §   73.1350(c)(2):     Monitoring 
            equipment must be periodically calibrated so  as 
            to provide  reliable indications of  transmitter 
            operating  parameters  with a  known  degree  of 

            At   the   time   of   inspection    calibration 
            procedures   and   schedules   had   not    been 

  2.m.      47 C.F.R.  § 73.1870(b)(3):  The designation  of 
            the chief  operator must  be in  writing with  a 
            copy of the designation posted with the  station 

            At  the time  of the  inspection no  letter  was 
            posted or found  to designate a person to  serve 
            as  the  station's chief  operator.   Mr.  Jerry 
            Hutchinson, president of the station,  indicated 
            that Kevin Block is the chief operator.

  2.n.      47 C.F.R.  § 73.1870(c)(3):  The chief  operator 
            is  responsible   for  review  of  the   station 
            records at least once each week to determine  if 
            required  entries  are  being  made   correctly.  
            Additionally,  verification must  be  made  that 
            the  station has  been operated  as required  by 
            the rules  or the  station authorization.   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.  

            At  the time  of  the inspection  there  was  no 
            review of  the station logs  being conducted  by 
            any  operator.  The  station logs  contained  no 
            review dates or review signatures.

  2.o.      47  C.F.R.  §  73.1350(b)(2):   The  transmitter 
            control personnel  must have  the capability  to 
            turn the transmitter off at all times.

            At the time  of inspection the station's  remote 
            control    system    was    not     operational.  
            Transmitter  control personnel  were located  in 
            Manhattan, KS.   There, personnel  did not  have 
            the  capability to  turn the  transmitter on  or 
            off.   Mr. Jerry  Hutchinson, president  of  the 
            station  was  unable  to  recall  how  long  the 
            remote control  system had not been  operational 
            other than it had not functioned for quite  some 
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules,  KHCA,  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
                 Kansas City Office
                 520 NE Colbern Road  
                 Second Floor
                 Lee's Summit, MO.  64086-4711

  4.      This Notice shall  be sent  to KHCA, Inc.,  103 N.  3rd 
     Street, Manhattan, KS 66502.

  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 

                                Robert C. McKinney
                                District Director
                                FCC/EB/Kansas City 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.