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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Rocky III Investments, Inc. )  File No.: EB-FIELDWR-13-00012483  Licensee
   of Station KRYD(FM) )

   )    NOV No.:  V201432800013


   Montrose, CO ) Facility ID.: 57324

                              NOTICE OF VIOLATION

   Released: January 30, 2014

   By the District Director, Denver Office, Western Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Rocky III Investments, Inc.
       (RIII), licensee of radio station KRYD  serving Norwood, Colorado.
       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 violations noted herein.^

    2. On November 20, November 21, and November 22, 2013, an agent of the
       Enforcement Bureau's Denver Office attempted to inspected  radio
       station KRYD located at 475 Water Street, in Montrose, CO, and
       observed the following violation:

     a. 47 C.F.R. S 73. 1225(a): "The licensee of a broadcast station shall
        make the station available for inspection by representatives of the
        FCC during the station's business hours, or at any time it is in
        operation." On November 20, November 21, and November 22, 2013, the
        agent attempted an inspection of KRYD at its Main Studio during
        normal business hours (between 9 a.m. and 12:30 p.m.). On each
        occasion, the agent found the station locked and the door was not
        answered. The agent affixed his business card to the door knob with a
        note requesting that station representatives contact his cell phone.
        The agent was not contacted by station representatives until over a
        week had elapsed.

    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, RIII  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 RIII to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       RIII with personal knowledge of the representations provided in RIII'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

   Denver Office

   P.O. Box 25446

   One Denver Federal Center - Building 1A

   Lakewood, CO 80225

    6. This Notice shall be sent to Rocky III Investments, 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.


   Nikki P. Shears

   District Director

   Denver 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


                       Federal Communications Commission