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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Nelson M. and Karen E. Wilson ) File No.: EB-FIELDWR-13-00009968

   Licensee of Station KBGN )

   ) NOV No.: V201332920013

   )

   Caldwell, Idaho ) Facility ID: 48249

                              NOTICE OF VIOLATION

   Released: August 1, 2013

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Nelson M. and Karen E. Wilson
       (Wilsons), licensee of radio station KBGN in Caldwell, Idaho. 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 July 17, 2013, an agent of the Enforcement Bureau's Portland Office
       inspected radio station KBGN located at 3303 E. Chicago, Caldwell,
       Idaho, and observed the following violations:

     a. 47 C.F.R. S 11.21(a): "...If a state's emergency alert system is
        capable of initiating EAS messages formatted in the Common Alerting
        Protocol (CAP), its State EAS Plan must include specific and detailed
        information describing how such messages will be aggregated and
        distributed to EAS Participants within the state, including the
        monitoring requirements associated with distributing such messages."
        During the inspection conducted on July 17, 2013, the inspecting
        agent noted that KBGN's State Plan was outdated and did not contain
        information concerning the Common Alert Protocol.

     b. 47 C.F.R. S 73.3526(e)(12): "For commercial AM and FM 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 for each calendar quarter
        is to be filed by the tenth day of the succeeding calendar quarter
        (e.g., January 10 for the quarter October-December, April 10 for the
        quarter January-March, etc.). The list shall include a brief
        narrative describing what issues were given significant treatment and
        the programming that provided this treatment..." During the
        inspection conducted on July 17, 2013, the agent observed that KGBN
        did not have the 2^nd Quarter 2013 Issues and Programs lists in the
        station's Public Inspection File.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. The inspection conducted on July
       17, 2013, revealed that KGBN did not have current EAS State Plan
       concerning the Common Alert Protocol (CAP). In addition, KGBN did not
       have the 2^nd Quarter Issues and Programs lists in the Public
       Inspection File.

    4. 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, Wilsons, 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.^

    5. In accordance with Section 1.16 of the Rules, we direct Wilsons  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by the Wilsons, verifying
       the truth and accuracy of the information therein,^ and confirming
       that all of the information requested by this Notice which is in the
       licensee'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.^

    6. 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

   Portland Resident Agent Office

   PO Box 61469

   Vancouver, WA 98666-1469

    7. This Notice shall be sent to Nelson M. and Karen E. Wilson at the
       address of record.

    8. 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

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western 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