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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-028
Licensee of Radio Station WNUZ(AM)           )
Facility ID # 54472             )         NOV No.  V20053248003
Talladega, Alabama              )

                       NOTICE OF VIOLATION

                                       Released:  August 25, 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 
     WNUZ(AM) located in Talladega, Alabama, and observed the 
     following violations:

  2.a.      47 C.F.R.  11.15:  ``The EAS Operating 
            Handbook states in summary form the actions to 
            be taken by personnel at broadcast 
            stations...upon receipt of an EAN, an EAT, 
            tests, or State and Local Area alerts...A copy 
            of the Handbook must be located at normal duty 
            positions or EAS equipment locations when an 
            operator is required to be on duty and be 
            immediately available to staff responsible for 
            authenticating messages and initiating 
            actions.''  At the time of inspection, a copy 
            of the EAS Operating Handbook was not available 
            at the station. 

  2.b.      47 C.F.R.  11.35(a):  ``Broadcast stations and 
            cable systems and wireless cable systems 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 
            time the stations and systems are in 
            operation.''  At the time of inspection, the 
            EAS encoder was activated for a test.  The EAS 
            equipment indicated that a test was being sent, 
            but the test was not transmitted by the station 

  2.c.      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's EAS decoder was attached to two 
            receivers, but neither receiver appeared to be 
            functioning properly.  The logs indicated that 
            no EAS tests had been received since June, 

  2.d.      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.''  
            The logs indicated that no Required Weekly 
            Tests (``RWT'') were sent by the station 
            between December 24, 2004 and March 4, 2005.

  2.e.      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 requirement of part 11 of 
            this chapter and the EAS Operating Handbook.''  
            The station's EAS logs showed incorrect dates 
            for the Required Monthly Test (``RMT'') and the 
            RWT.  On March 7, 2005, the logs showed RMT 
            being received on June 13, 2005, and June 12, 
            2005 and a RWT on June 7, 2005.

  2.f.      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.

  2.g.      47 C.F.R.  73.3526(c): Material in the public 
            inspection file ``shall be available for public 
            inspection at any time during regular business 
            hours.''  At the time of the inspection, no 
            issues-programs listings were found in the 
            station's public inspection file as required by 
             73.3526(e)(12) for the third and fourth 
            quarters of 2004.  

  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

                              FEDERAL COMMUNICATIONS COMMISSION

                              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.