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

In the Matter of                 )
Birach Broadcasting Corp.        )         File No. EB-05-
Licensee of Radio Station WEW    )
Facility ID # 1088               )         NOV           No.  
Owner of Antenna Structure #1062516        )
St. Louis, Missouri              )

                     NOTICE OF VIOLATION

                                   Released:  March 9, 2005

By the District Director, Kansas City Office, South Central 
Region, Enforcement Bureau:

   1.     This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to 
     Birach Broadcasting Corp., licensee of radio station 

   2.     On March 1, 2005, an agent of the Commission's 
     Kansas City Office inspected radio station WEW  located 
     in St. Louis, Missouri, and observed the following 

   2.a.      47 C.F.R.  73.3526(e)(12): ``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.  
             The list for each calendar quarter is to 
             be filed by the tenth day of the 
             succeeding calendar quarter... The list 
             shall include a brief narrative describing 
             what issues were given significant 
             treatment and the programming that 
             provided this treatment.  The description 
             of the programs shall include, but shall 
             not be limited to, the time, date, 
             duration, and title of each program in 
             which the issue was treated.''

             At the time of the inspection, no issues-
             programs listings were found in the 
             station's public inspection file.  Station 
             management stated they were unaware of the 
             requirement to maintain such a list.

   2.b.      47 C.F.R.  17.50: ``Antenna structures 
             requiring painting under this part shall 
             be cleaned or repainted as often as 
             necessary to maintain good visibility.''  

             At the time of the inspection, the WEW 
             antenna structure paint was severely 
             faded, and flaking, and rust was showing 
             through the paint.  

             As part of the response to this Notice, 
             the licensee shall provide evidence of 
             immediate steps taken to bring this 
             antenna structure into compliance.  If 
             compliance cannot be obtained prior to 
             responding to this Notice, then the owner 
             shall notify this office, in writing, once 
             compliance has been achieved. 

   2.c.      47 C.F.R.  17.57: ``The owner of an 
             antenna structure for which an Antenna 
             Structure Registration Number has been 
             obtained ..... must also immediately 
             notify the Commission using FCC Form 854 
             upon any change in structure height or 
             change in ownership information.''  

             At the time of inspection, the owner of 
             record for antenna structure registration 
             number 1062516 was Metropolitan Radio 
             Group Inc., the previous owner of WEW.  
             Birach Broadcasting Corp. currently owns 
             this structure according to WEW station 

   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Birach Broadcasting Corp., must 
     submit a written statement concerning this matter 
     within twenty (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 include the 
     information requested in paragraph 2b above.  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
                  Kansas City Office
                  520 N.E. Colbern Rd.
                  2nd Floor
                  Lees Summit, MO  64086

   4.     This Notice shall be sent to Birach Broadcasting 
     Corp. at the address of record.

   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




                         Robert C. McKinney
                         District Director
                         Kansas City District Office
                         South Central Region
                         Enforcement Bureau

147 C.F.R.  1.89.

247 U.S.C.  308(b).
3P.L. 93-579, 5 U.S.C.  552a(e)(3).
418 U.S.C.  1001 et seq.