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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Foundation for Creative Broadcasting, Inc. ) File Nos. EB-09-SD-0118

   Licensee of Radio Station KXCI )

   Facility ID # 22167 ) NOV No. V200932940005

   Tucson, 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 Foundation For Creative
       Broadcasting, Inc. ("FFCB"), licensee of Non- Commercial FM Broadcast
       radio station KXCI, Tucson, Arizona.

    2. On September 3, 2009, agents of the Enforcement Bureau's San Diego
       Office inspected KXCI, located at 220 S. 4th Ave, Tucson, Arizona, and
       observed the following violation:

     a. 47 C.F.R. S: 73.3527(e)(8)(i): "For nonexempt noncommercial
        educational radio 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. ... The
        list shall include a brief narrative describing what issues were
        given significant treatment and what programming that provided this
        treatment. The description of the programs shall include, but shall
        not be limited to the time, date, duration, and the title of each
        program in which the issue was treated...." The issues/program lists
        found in the public inspection files for KXCI were not drafted in a
        format that provided all the information as required by this rule
        section, and the first two quarters for the issues/programs list for
        2009 were missing.

   b. 47 C.F.R. S: 11.52(d): "EAS participants must monitor two EAS sources.
   The monitoring assignment of each broadcast station and cable system and
   wireless cable system are specified in the State EAS Plan and FCC
   Mapbook." At the time of inspection, KXCI was not monitoring the first
   designated local primary (LP-1) radio station KRQQ(FM),   Tucson, Arizona.

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

   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 Foundation for Creative Broadcasting,
       Inc., at its address of record.

    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