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                                  Before the
Federal Communications Commission
Washington, D.C. 20554


In the Matter of	)
	)
Birach Broadcasting Corporation )	File No.:  EB-FIELDSCR-14-00016476
	)
Licensee of Station KOLE	)	NOV No.:  V201432540013
	)
Port Arthur, Texas	)	Facility ID: 62238
	)



NOTICE OF VIOLATION

	Released:  July 24, 2014

By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Birach Broadcasting Corporation
(Birach), licensee of AM broadcast station KOLE in Port Arthur, Texas.
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.

* On July 11, 2014, agents of the Enforcement Bureau's Houston Office
were unable to locate Station KOLE's main studio in Port Arthur, Texas
and contacted Birach's headquarters.  Employees there instructed the
agents to telephone Station KOLE's local station manager.  The agents
met and interviewed Birach's local station manager in Beaumont, Texas
and uncovered the following violations:

  + 47 C.F.R. § 11.35(a):  "EAS Participants are responsible for ensuring
  that EAS Encoders, EAS Decoders, Attention Signal generating and
  receiving equipment, and Intermediate devices used as part of the EAS
  to decode and/or encode messages formatted in the EAS Protocol and/or
  the Common Alerting Protocol are installed so that the monitoring and
  transmitting functions are available during the times the stations
  and systems are in operation."  Birach's station manager told the
  agents that the station had EAS equipment but had not installed it
  since the station returned to the air in May of 2014.  He also stated
  that the station's uninstalled EAS equipment was not CAP compliant.
  The EAS equipment located in Station KOLE's previous main studio was
  no longer accessible.

  + 47 C.F.R. § 73.1125(a):  "Except for those stations described in
  paragraph (b) of this section, each AM, FM, and TV broadcast station
  shall maintain a main studio at one of the following locations:  (1)
  Within the station's community of license;  (2) At any location within
  the principal contour of any AM, FM, or TV broadcast station licensed
  to the station's community of license; or (3) Within twenty-five miles
  from the reference coordinates of the center of its community of license
  as described in § 73.208(a)(1)."   The station manager advised the
  agents that Station KOLE did not have a main studio facility and had
  not had a main studio facility for approximately one year.

  + 47 C.F.R. § 73.3526(a)(2):  "Every permittee or licensee of an AM,
  FM, TV or Class A TV station in the commercial broadcast services shall
  maintain a public inspection file . . . ."  The station manager told
  the agents that Station KOLE had not maintained a public inspection file
  since the file had been stolen by a former employee about a year ago.

* 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,
Birach Broadcasting Corporation 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.

* In accordance with Section 1.16 of the Rules, we direct Birach
Broadcasting Corporation to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of Birach Broadcasting Corporation
with personal knowledge of the representations provided in Birach
Broadcasting Corporation'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.

* 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065

* This Notice shall be sent to Birach Broadcasting Corporation at its
address of record.

* 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



Stephen P. Lee
Resident Agent
Houston Office
South Central Region
Enforcement Bureau