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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   FMC Broadcasting, Inc. ) File No. EB-07-KC-242

   Licensee of Radio Station KELR-FM )

   Facility ID # 17776 ) NOV No. V200832560001

   Chariton, Iowa )



                              NOTICE OF VIOLATION

                                                     Released: March 28, 2008

   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 to FMC Broadcasting, Inc., licensee of
       radio station KELR-FM, Chariton, Iowa.

    2. On March 13, 2008, an agent of the Commission's Kansas City Office of
       the Enforcement Bureau inspected radio station KELR-FM located at 215
       North Main Street in Chariton, Iowa, and observed the following

   a. 47 C.F.R. S: 73.3526(c): "The file shall be available for public
   inspection at any time during regular business hours." At the time of
   inspection, the public inspection file was only available from 9:00 AM to

   b. 47 C.F.R. S: 73.3526(e)(6): The material to be retained in the public
   inspection file is as follows: "Such records as are required by 73.1943 to
   be kept concerning broadcasts by candidates for public office." Review of
   the public inspection file found no 2008 Iowa caucus records in the
   political file folder. When asked about any current political ads, the
   station owner advised that one was aired during the 2008 Iowa caucus and
   should have been placed in the public file.

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

   Kansas City Office

   520 NE Colbern Road

   Lee's Summit, MO. 64086

    4. This Notice shall be sent to FMC Broadcasting, Inc. 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.


   Robert C. McKinney

   District Director

   Kansas City District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   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