******************************************************** 
                      NOTICE
********************************************************

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 )

   )

   KHCA, Inc. ) File No.:   EB-FIELDSCR-13-00009650

   Licensee of Station KHCA (FM) )

   ) NOV No.: V201332560028

   Wamego, Kansas )

   ) Facility ID: 34525

                              NOTICE OF VIOLATION

   Released: July 12, 2013

   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 (Rules)^ to KHCA, Inc., licensee of FM
       Station KHCA,  in Wamego, Kansas.  Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.^

    2. On June 27, 2013, an agent of the Enforcement Bureau's Kansas City
       Office inspected Station KHCA located at 103 North Third, Suite A,
       Manhattan, KS 66502, and observed the following violation(s):

     a. 47 C.F.R. S 73.1350(a) "Each licensee is responsible for maintaining
        and operating its broadcast station in a manner which complies with
        the technical rules set forth elsewhere in this part and in
        accordance with the terms of the station authorization." At the time
        of the inspection, the Station's authorization specified the
        authorized location of the transmitter as 39DEG 12' 35.00" N and
        96DEG 21' 5.00" W and the authorized height of the antenna radiation
        center as 67 meters. The actual location of the transmitter was 39DEG
        11' 13.99" N and 96DEG 24' 12.78" W, and the actual height of the
        antenna radiation center was approximately 97 meters.  The Antenna
        Structure Registration database for the relevant structure listed
        39DEG 11' 18.00" N and 96DEG 24' 11.00" W. A construction permit for
        the actual location and height of the transmitter expired January 10,
        1998.

    3. Pursuant to Section  308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, KHCA, Inc. must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct KHCA, Inc. to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       KHCA, Inc. with personal knowledge of the representations provided in
       KHCA, Inc.'s response, verifying the truth and accuracy of the
       information therein,^ and confirming that all of the information
       requested by this Notice which is in KHCA, Inc.'s possession, custody,
       control, or knowledge has been produced. To knowingly and willfully
       make any false statement or conceal any material fact in reply to this
       Notice is punishable by fine or imprisonment under Title 18 of the
       U.S. Code.^

    5. 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

   Kansas City Office

   520 NE Colbern Road

   2^nd Floor

   Lee's Summit, MO 64086

    6. This Notice shall be sent to KHCA, Inc. at its address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Ronald D. Ramage

   District Director

   Kansas City  District Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

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

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission

   3

                       Federal Communications Commission