******************************************************** 
                      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 )

   )

   Idaho Conference of Seventh-Day Adventists, Inc. ) File No.:
   EB-FIELDWR-13-00010207

   Licensee of Station KOAY )

   ) NOV No.: V201332920016

   )

   Middleton, Idaho ) Facility ID: 61307

                              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 the Idaho Conference of
       Seventh-Day Adventists, Inc. (Idaho Conference), licensee of radio
       station KOAY in Middleton, 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 KOAY located at 16115 South Montana Avenue,
       Caldwell, Idaho, and observed the following violation:

     a. 47 C.F.R. S 73.3527(e)(8): "For non-exempt noncommercial 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 KOAY
        did not have the 2^nd Quarter 2013 Issues and Programs lists 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 Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Idaho Conference, 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 Idaho
       Conference  to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of Idaho Conference with personal knowledge of the
       representations provided in Idaho Conference'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 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.^

    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

   Portland Resident Agent Office

   PO Box 61469

   Vancouver, WA 98666-1469

    6. This Notice shall be sent to the Idaho Conference of Seventh-Day
       Adventists, Inc. at the 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

   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