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

In the Matter of                )
Warren Broadcasting, Inc.       )                              
FileNo. EB-04-KC-069  Broadcast Station KXLQ AM   )                    
NOV No. V20043256007
Indianola, Iowa                 )

                       NOTICE OF VIOLATION

                                             Released:  June 4, 

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 
     Warren Broadcasting, Inc..

  2.      On May 12,  2004, an agent  of the Commission's  Kansas 
     City Office  inspected  AM  Broadcast  radio  station  KXLQ, 
     licensed to  Indianola,  Iowa  and  observed  the  following 

  2.a.        47  C.F.R.  §  11.15:   All  stations  are  to 
            maintain   an  EAS   Operating  Handbook.    The 
            handbook is to  be available at All EAS  control 

            At  the time of inspection  no EAS Handbook  was 

  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, 
            WHO-AM,  was  being monitored  and  the  station 
            logs reflected receiving only one source.   Only 
            three weeks  of EAS logs  were available at  the 
            time of inspection. 

  2.c.      47  C.F.R.  §  11.61(a)(1)(v):  ``Tests  of  EAS 
            procedures...Required  Monthly Tests:...must  be 
            transmitted within 60 minutes of receipt.   

            At the time of inspection no records were  found 
            to  indicate that  a required  monthly EAS  test 
            had  been  retransmitted and  only  one  record, 
            dated 5/05/04, that a monthly EAS test had  been 
            received from WHO-AM.  

  2.d.      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 

            At the time of inspection weekly EAS tests  were 
            only  logged   during  the  period  4/19/04   to 
            5/12/04.  No other tests were found for the  two 
            years as  required.  With the  response to  this 
            notice provide  a reason why  records of  weekly 
            EAS  test  received  or  transmitted  were   not 
            available as required.

  2.e.      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 only three  weeks 
            of  EAS  logs were  available  from  4/19/04  to 
            5/12/04.  The station logs did not indicate  why 
            EAS tests  had not been  received or sent.   The 
            logs also did  not indicate why the station  was 
            only  monitoring  one  source  instead  of   the 
            required  two   sources.   With  this   response 
            provide why this station was not monitoring  the 
            secondary source of  EAS tests and also why  EAS 
            tests were not logged as required.  

  2.f.      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. 

  2.g.      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 9/30/03.   As part of the response  to 
            this  notice,  provide  a  copy  of  the  fourth 
            quarter of 2003 and a copy of the first  quarter 
            of 2004 issues/programs list. 

  2.h.      47 C.F.R. § 73.1840(a):  Any log required to  be 
            kept by station  licensees shall be retained  by 
            them for a period of 2 years.

            At the  time of inspection  only three weeks  of 
            EAS  logs   were  available   from  4/19/04   to 


  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Warren  Broadcasting,  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 Warren Broadcasting, Inc., 
     PO Box 228, Pella, IA 50219.

  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.