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

In the Matter of                )
GB Enterprises Communications, Corp.         )    File No. EB-04-
1505 Dundee Road                )
Winter Haven, Florida           )            NOV              No.  

                       NOTICE OF VIOLATION

                                             Released:  May 5, 

By the District Director, Tampa Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of  the Commission's Rules,1 to  GB 
     Enterprises Communications,  Corp.,  licensee of  the  radio 
     station WHNR (AM).

  2.      On March  22, 2004,  agents of  the Commission's  Tampa 
     Office  inspected  radio  station  WHNR  (AM),  licensed  to 
     Cypress  Gardens,   Florida  and   observed  the   following 

  2.a.      47  C.F.R.   11.52 (d):   ``Broadcast  stations 
            and  cable systems  and wireless  cable  systems 
            must monitor  two EAS  sources.  The  monitoring 
            assignments of each broadcast station and  cable 
            system and  wireless cable system are  specified 
            in the  State EAS  Plan and  FCC Mapbook.''   At 
            the time of  the inspection the station was  not 
            monitoring the two assigned EAS sources.

  2.b.      47 C.F.R.  11.61(a)(1)(v):  ``...monthly  tests 
            must  be   transmitted  within  60  minutes   of 
            receipt by  broadcast stations or cable  systems 
            in an EAS  Local Area or State.''  There was  no 
            evidence that  the required  monthly tests  were 
            ever conducted by the station.

  2.c.      47  C.F.R.   73.49:  ``AM  transmission  System 
            fencing  requirements.   Antenna  towers  having 
            radio frequency  potential at  the base  (series 
            fed,   folded   unipole,   and  insulated   base 
            antennas)  must  be  enclosed  within  effective 
            locked  fences   or  other  enclosures.    Ready 
            access must  be provided to  each antenna  tower 
            base for meter reading and maintenance  purposes 
            at  all  times.''  At  the  time  of  inspection 
            antenna fence  around the  structures were  torn 
            down,  fence gates  were unlocked  and no  ready 
            access was provided  to the base of each of  the 
            antenna towers.

  2.d.      47  C.F.R.   73.62  (b)(4):   ``  If  operation 
            pursuant to paragraph (b)(3) of this section  is 
            necessary,   or  before   the  30   day   period 
            specified in  paragraph (b)(2)  of this  section 
            expires,  the licensee  must request  a  Special 
            Temporary Authority  (STA) in accordance with   
            73.1635  to continue  operation with  parameters 
            at  variance  and/or with  reduced  power  along 
            with a statement certifying that all  monitoring 
            points  will be  continuously maintained  within 
            their  specified  limits.''   At  the  time   of 
            inspection station was found operating in  omni-
            directional pattern, twenty four hours, for  the 
            past  two  weeks without  an  special  temporary 
            authorization from the Commission.

  2.e.      47    C.F.R.    73.1400(4)(b):      ``Unattended 
            operation.  Unattended  operation is either  the 
            absence    of   human    supervision   or    the 
            substitution  of automated  supervision  of  the 
            station's   transmission   system   for    human 
            supervision.''  At  the time  of the  inspection 
            the station didn't have direct supervision or  a 
            remote   control    system   to   control    the 
            transmission system parameters after 9:00 P.M.

  2.f.      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 
            license.   At  the time of  the inspection,  the 
            station did  not have a  written designation  of 
            the chief operator.

  2.g.      47 C.F.R   73.3526(e)(5):  ``Ownership  reports 
            and  related  materials.  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.''  At  the time  of 
            inspection, the  most recent  owner ship  report 
            was not available.

  2.h.      47 C.F.R   73.3526(e) (6):   ``Political  File.  
            Such records as are required by  73.1943 to  be 
            kept  concerning broadcasts  by  candidates  for 
            public office.''  At the time of inspection  the 
            ``Political File'' was not available.

  2.i.       47  C.F.R  73.3526(e)  (8):  ``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 copy of  the manual ``The public  and 
            broadcasting'' was not available.

  2.j.      47   C.F.R       73.3526(e)   (12):     ``Radio 
            issues/programs list.  For commercial AM and  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.''   At 
            the time of  inspection a file containing  radio 
            issues/programs list was not available.
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, GB Enterprises Communications,  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
                 Tampa Office
                 2203 N. Lois Avenue, Suite 1215
                 Tampa, Florida 33607

  4.      This  Notice   shall   be  sent   to   GB   Enterprises 
     Communications, Corp., 1505  Dundee Road,  Winter Haven,  FL  

  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 

                                Ralph M. Barlow
                                District Director
                                Tampa 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.