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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Mark V. Aulabaugh ) File No. EB-07-DL-0249

   Licensee of Radio Station KSEY )

   Facility ID: 71536 ) NOV No. V20083250005

   Seymour, Texas )


                              NOTICE OF VIOLATION

   Released:  June  24, 2008

   By the District Director, Dallas Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Mark V. Aulabaugh, licensee of radio
       station KSEY in Seymour, Texas.

    2. On February 20, 2008, agents of the Commission's Dallas Office of the
       Enforcement Bureau inspected AM radio station KSEY located at Seymour,
       Texas, and observed the following violation(s):

     a. 47 C.F.R. S: 11.35(a): "Additionally, broadcast stations and cable
        systems and wireless cable systems must determine the cause of any
        failure to receive the required [EAS] tests or activations specified
        in S: 11.61(a)(1) and (a)(2). Appropriate entries must be made in the
        broadcast station log, ... indicating why any tests were not
        received." At the time of inspection, the EAS equipment installed at
        KSEY was not operational. According a statement by Mr. Aulabaugh, the
        last time that the equipment was known to be operational was on
        January 3, 2008, and that the licensee had contacted the equipment
        manufacturer to initiate repair procedures on or before February 19,
        2008. The station did not maintain a station log, and there were no
        entries regarding the EAS outage in any other logs.

     b. 47 C.F.R. S: 11.61: "Tests of EAS procedures. (a) EAS Participants
        shall conduct tests at regular intervals, as specified in paragraphs
        (a)(1) and (a)(2) of this section. Additional tests may be performed
        anytime. EAS activations and special tests may be performed in lieu
        of required tests as specified in paragraph (a)(4) of this section.
        All tests will conform with the procedures in the EAS Operating
        Handbook. (1) Required Monthly Tests of the EAS header codes,
        Attention Signal, Test Script and EOM code. (i) Tests in odd numbered
        months shall occur between 8:30 a.m. and local sunset. Tests in even
        numbered months shall occur between local sunset and 8:30 a.m. They
        will originate from Local or State Primary sources. The time and
        script content will be developed by State Emergency Communications
        Committees in cooperation with affected EAS Participants. Script
        content may be in the primary language of the EAS Participant. These
        monthly tests must be transmitted within 60 minutes of receipt by EAS
        Participants in an EAS Local Area or State. ... (2) Required Weekly
        Tests: (i) EAS Header Codes and EOM Codes: (A) Analog and digital AM,
        FM, and TV broadcast stations must conduct tests of the EAS header
        and EOM codes at least once a week at random days and times. ... (b)
        Entries shall be made in EAS Participant records, as specified in
        S:S:11.35(a) and 11.54(b)(13)." At the time of inspection, there were
        EAS Participant records available and no record that KSEY-FM had sent
        or received any tests at any time.

     c. 47 C.F.R. S: 73.1800(a): "The licensee of each station must maintain
        a station log as required by S: 73.1820." At the time of inspection,
        the required station log was not available for inspection.

     d. 47 C.F.R. S:S: 73.1870(a)(1) & (3): "The licensee of each AM, FM, TV
        or Class A TV station must designate a person to serve as the
        station's chief operator. The designation must be in writing and
        posted with the station's license." The agents found no written
        designation of a chief operator for the station.

     e. 47 C.F.R. S:S: 73.3526(e)(8) & (e)(14): Commercial broadcast
        licensees shall maintain for public inspection a file containing the
        materials set forth in this section. "At all times, a copy of the
        most recent version of the manual entitled `The Public and
        Broadcasting.' "For commercial radio and television stations, a copy
        of every agreement or contract involving time brokerage of the
        licensee's station or of another station by the licensee, whether the
        agreement involves stations in the same markets or in differing
        markets, with confidential or proprietary information redacted where
        appropriate. These records shall be retained as long as the contract
        or agreement is in force." There was no copy of "The Public and
        Broadcasting" in the station's public inspection file. Additionally,
        Mr. Aulabaugh stated that he received all programming, except local
        sports programming, from another entity, but there was no copy of
        this agreement in the station's public inspection file.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Mark V. Aulabaugh
       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 address:

   Federal Communications Commission

   Dallas Office

   9330 LBJ Freeway, Suite 1170

   Dallas, TX 75243

    4. This Notice shall be sent to Mark V. Aulabaugh  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.


   James D. Wells

   District Director

   Dallas 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