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

In the Matter of                )
Birmingham Christian Radio, Inc.)         File No. EB-05-AT-031
Licensee of Radio Station WLPH(AM)           )
Facility ID # 726               )         NOV No.  V20053248002
Irondale, Alabama               )

                       NOTICE OF VIOLATION

                                       Released:  August 12, 2005

By the District Director, Atlanta 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 
     Birmingham Christian Radio, Inc., licensee of radio station 

  2.      On March 7, 2005, an agent of the Commission's Atlanta 
     Office of the Enforcement Bureau inspected radio station 
     WLPH(AM) located in Irondale, Alabama, and observed the 
     following violations:

       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.''  The station 
                 was monitoring only one broadcast source.  

       2.b.     47 C.F.R.  11.61(a):  EAS ``[t]ests shall 
                 be made at regular intervals as indicated 
                 in paragraphs (a)(1) and (a)(2) of this 
                 section.''  No EAS tests were being sent 
                 by the station.  A station employee stated 
                 that the weekly tests were not being sent.

       2.c.     47 C.F.R.  73.1560(a)(1):  ``...[T]he 
                 antenna input power of an AM station as 
                 determined by the procedures specified in 
                  73.51 must be maintained as near as is 
                 practicable to the authorized antenna 
                 input power and may not be less than 90% 
                 nor more than 105% of the authorized 
                 power.''  The station was operating at 60% 
                 power.  The station management could not 
                 say how long the station had operated at 
                 reduced power and there were no entries in 
                 the station logs indicating the station 
                 was operating at reduced power.

       2.d.     47 C.F.R.  73.1820(a)(1)(iii):  ``An entry 
                 [must be made in the station log] of each 
                 test and activation of the Emergency Alert 
                 System (EAS) pursuant to the requirements 
                 of part 11 of this chapter and the EAS 
                 Operating Handbook.''  The station's EAS 
                 logs were comprised of the tapes printed 
                 by the encoder/decoder.  The 
                 encoder/decoder date was incorrect, making 
                 the dates on the logs all incorrect.  At 
                 the time of inspection, the EAS equipment 
                 was showing a date of April 13, 1995.

       2.e.     47 C.F.R.  73.1870(c)(3):  The chief 
                 operator is responsible for ``[r]eview 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 
                 inspection, the chief operator was not 
                 signing the station logs to indicate that 
                 they had been reviewed.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Birmingham Christian Radio, Inc., 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 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 

                 Federal Communications Commission
                 Atlanta Office
                 3575 Koger Blvd., Ste. 320
                 Duluth, GA  30096

  4.      This Notice shall be sent to Birmingham Christian 
     Radio, Inc. at its 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




                           Fred L. Broce
                           District Director
                           Atlanta 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.