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

In the Matter of                )
Howard Payne University         )          File No. EB-04-DL-046 
Licensee of KHPU                )
Facility ID #78801              )           NOV No. V20043250005
Brownwood, Texas                )

                       NOTICE OF VIOLATION

                                               Released: June 14, 

By the District Director, Dallas Office, Enforcement Bureau:

     1.   This  is  a  Notice  of  Violation  ("Notice")   issued 
pursuant to Section  1.89 of the  Commission's Rules,1 to  Howard 
Payne University, licensee  of FM  Educational Broadcast  station 
KHPU in Brownwood, Texas. 

     2.   On February  18, 2004,  an  agent of  the  Commission's 
Dallas Office  inspected radio  station KHPU,  licensed to  serve 
Brownwood, Texas, and observed the following violations:

       2)a.    47 C.F.R.    11.35(a):   ``Equipment  operational 
       readiness.  ...Broadcast  stations...are  responsible  for 
       ensuring  that EAS  Encoders, EAS  Decoders and  Attention 
       Signal generating and receiving equipment used as part  of 
       the  EAS  are   installed  so  that  the  monitoring   and 
       transmitting functions are available during the times  the 
       stations  and systems  are in  operation.    Additionally, 
       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 ...  indicating 
       reasons why  any tests  were not  received.''  No  entries 
       were made in  KHPU's station logs to indicate why  records 
       were absent in the logs for the reception of the  required 
       second monitored source.

       2)b.    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. They  are 
       developed in accordance with FCC monitoring  priorities.''  
       At the time of  the inspection, only one of the three  EAS 
       receivers in the system was properly functioning.

       2)c.    47 C.F.R.    73.1870(c)(3):   ``Chief  operators. 
       ...The  chief operator  is responsible  for completion  of 
       the following  duties specified in  this paragraph  below.  
       When the duties are delegated to other persons, the  chief 
       operator shall  maintain supervisory oversight  sufficient 
       to  know that  each requirement  has been  fulfilled in  a 
       timely and correct manner...Review of the station  records 
       at least once  each week to determine if required  entries 
       are being made correctly...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...''  On February 18,  2004, 
       a review of  the EAS logs indicated there were  repetitive 
       violations  which  continued  through  the  time  of   the 
       inspection with no apparent corrective action.

       2)d.    47 C.F.R.   73.3527(c)(1):  The station's  public 
       inspection file shall  be available for public  inspection 
       at any  time during  regular business  hours. On  February 
       18, 2004, the following required items of the public  file 
       were not available for inspection: Current copy of  Public 
       and  Broadcasting,  List  of  Donors  supporting  specific 
       programs and Issues / Programs lists.

     3.   Pursuant to Section 308(b) of the Communications Act of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Howard  Payne  University,  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
                    Dallas Office
                    9330 LBJ Freeway, #1170
                    Dallas, Texas 75243

     4.   Failure  to  respond  to  this  Notice  constitutes   a 
separate violation  that could  result in  additional  penalties, 
including monetary forfeiture.

     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 
your  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

     6.   This Notice shall be  sent to Howard Payne  University, 
1000 Fisk Avenue, Brownwood, Texas 76801.

                              FEDERAL COMMUNICATIONS COMMISSION

                              James D. Wells
                              District Director
                              Dallas 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