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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Black Hills State University ) File No. EB-06-DV-232

   Licensee of Radio Station KBHU-FM )

   Facility ID # 5472 ) NOV No. V20063280017

   Spearfish, South Dakota )



                              NOTICE OF VIOLATION

   Released:   August 2, 2006

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Black Hills State University,
       licensee of radio station KBHU-FM in Spearfish, South Dakota.

    2. On May 18, 2006, an agent of the Enforcement Bureau's Denver Office
       inspected station KBHU-FM located in Spearfish, South Dakota, and
       observed the following violations concerning KHBU-FM's public
       inspection file:

     a. 47 C.F.R. S 73.3527(e)(3): "A copy of any service contour maps,
        submitted with any application tendered for filing with the FCC,
        together with any other information in the application showing
        service contours and/or main studio and transmitter location (State,
        county, city, street address, or other identifying information)." At
        the time of inspection, KBHU-FM's public file contained no contour

     b. 47 C.F.R. S 73.3527(e)(4): "A copy of the most recent, complete
        ownership report filed with the FCC for the station, together with
        any subsequent statement filed with the FCC certifying that the
        current report is accurate, and together with all related material."
        At the time of inspection, KBHU-FM's public file contained no
        ownership reports.

     c. 47 C.F.R. S 73.3527(e)(8): "For non-exempt noncommercial educational
        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." At the time of inspection,
        KBHU-FM's public file did not contain complete issues/programs lists.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Black Hills State
       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. 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

   Denver Office

   215 Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to Black Hills State University at its address of

    5. The Privacy Act of 1974 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

   P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   18 U.S.C. S 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission