Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Howard N. Henderson )

   Licensee of )


   Radio Station KDAP ) File Nos. EB-09-SD-0111

   Facility ID # 33760 ) EB-09-SD-0112

   Douglas, Arizona )


   Radio Station KDAP-FM )

   Facility ID # 33761 ) NOV No. V200932940003

   Douglas, Arizona )

                              NOTICE OF VIOLATION

   Released: September 23, 2009

   By the District Director, San Diego Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Howard N. Henderson, licensee of
       broadcast radio stations KDAP and KDAP-FM in Douglas, Arizona.

    2. On September 1, 2009, agents of the Enforcement Bureau's San Diego
       Office inspected KDAP and KDAP-FM, located at 2031 N. Sulphur Springs
       Street, Douglas, AZ and observed the following violations:

   47 C.F.R. S: 11.35(a): "EAS Participants must determine the cause of any
   failure to receive the required tests or activations specified in Sections
   11.61(a)(1) and (a)(2). Appropriate entries indicating reasons why any
   tests were not received must be made in the broadcast station log as
   specified in Sections 73.1820 and 73.1840 of this chapter for all
   broadcast streams . . . . " At the time of the inspection, there were no
   entries in the station log indicating why tests had been sporadically
   missed over the three months prior to the inspection.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Howard N. Henderson, 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 taken to
       correct each violation, preclude recurrence, and should include a time
       line for completion of pending corrective actions.

    4. The response must be complete in itself and signed by a principal or
       officer of Howard N. Henderson. 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

   San Diego District Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    5. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Howard N. Henderson, at its address of

    6. 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.


   William R. Zears Jr.

   District Director

   San Diego 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