**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Mark V. Aulabaugh ) File No. EB-07-DL-0249

Licensee of Radio Station KSEY )

Facility ID: 71536 ) NOV No. V20083250005

Seymour, Texas )

)

NOTICE OF VIOLATION

Released: June 24, 2008

By the District Director, Dallas 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[^1] to Mark V. Aulabaugh, licensee of
    radio station KSEY in Seymour, Texas.

2.  On February 20, 2008, agents of the Commission's Dallas Office of
    the Enforcement Bureau inspected AM radio station KSEY located at
    Seymour, Texas, and observed the following violation(s):

    a.  47 C.F.R. § 11.35(a): "Additionally, broadcast stations and
        cable systems and wireless cable systems must determine the
        cause of any failure to receive the required \[EAS\] tests or
        activations specified in § 11.61(a)(1) and (a)(2). Appropriate
        entries must be made in the broadcast station log, ...
        indicating why any tests were not received." At the time of
        inspection, the EAS equipment installed at KSEY was not
        operational. According a statement by Mr. Aulabaugh, the last
        time that the equipment was known to be operational was on
        January 3, 2008, and that the licensee had contacted the
        equipment manufacturer to initiate repair procedures on or
        before February 19, 2008. The station did not maintain a station
        log, and there were no entries regarding the EAS outage in any
        other logs.

    b.  47 C.F.R. § 11.61: "Tests of EAS procedures. (a) EAS
        Participants shall conduct tests at regular intervals, as
        specified in paragraphs (a)(1) and (a)(2) of this section.
        Additional tests may be performed anytime. EAS activations and
        special tests may be performed in lieu of required tests as
        specified in paragraph (a)(4) of this section. All tests will
        conform with the procedures in the EAS Operating Handbook. (1)
        Required Monthly Tests of the EAS header codes, Attention
        Signal, Test Script and EOM code. (i) Tests in odd numbered
        months shall occur between 8:30 a.m. and local sunset. Tests in
        even numbered months shall occur between local sunset and 8:30
        a.m. They will originate from Local or State Primary sources.
        The time and script content will be developed by State Emergency
        Communications Committees in cooperation with affected EAS
        Participants. Script content may be in the primary language of
        the EAS Participant. These monthly tests must be transmitted
        within 60 minutes of receipt by EAS Participants in an EAS Local
        Area or State. ... (2) Required Weekly Tests: (i) EAS Header
        Codes and EOM Codes: (A) Analog and digital AM, FM, and TV
        broadcast stations must conduct tests of the EAS header and EOM
        codes at least once a week at random days and times. ... (b)
        Entries shall be made in EAS Participant records, as specified
        in §§11.35(a) and 11.54(b)(13)." At the time of inspection,
        there were EAS Participant records available and no record that
        KSEY-FM had sent or received any tests at any time.

    c.  47 C.F.R. § 73.1800(a): "The licensee of each station must
        maintain a station log as required by § 73.1820." At the time of
        inspection, the required station log was not available for
        inspection.

    d.  47 C.F.R. §§ 73.1870(a)(1) & (3): "The licensee of each AM, FM,
        TV or Class A TV station must designate a person to serve as the
        station's chief operator. The designation must be in writing and
        posted with the station's license." The agents found no written
        designation of a chief operator for the station.

    e.  47 C.F.R. §§ 73.3526(e)(8) & (e)(14): Commercial broadcast
        licensees shall maintain for public inspection a file containing
        the materials set forth in this section. "At all times, a copy
        of the most recent version of the manual entitled 'The Public
        and Broadcasting.' "For commercial radio and television
        stations, a copy of every agreement or contract involving time
        brokerage of the licensee's station or of another station by the
        licensee, whether the agreement involves stations in the same
        markets or in differing markets, with confidential or
        proprietary information redacted where appropriate. These
        records shall be retained as long as the contract or agreement
        is in force." There was no copy of "The Public and Broadcasting"
        in the station's public inspection file. Additionally, Mr.
        Aulabaugh stated that he received all programming, except local
        sports programming, from another entity, but there was no copy
        of this agreement in the station's public inspection file.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Mark V.
    Aulabaugh must submit a written statement concerning this matter
    within twenty (20) days of release of this Notice. The response must
    fully explain each violation, must contain a statement of the
    specific action(s) taken to correct each violation and preclude
    recurrence, and should include a time line for completion of pending
    corrective action(s). The response must be complete in itself and
    signed by a principal or officer of the licensee. 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
>
> Dallas Office
>
> 9330 LBJ Freeway, Suite 1170
>
> Dallas, TX 75243

4.  This Notice shall be sent to Mark V. Aulabaugh at its address of
    record.

5.  The Privacy Act of 1974[^3] 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.
    Any false statement made knowingly and willfully in reply to this
    Notice is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^4]

> FEDERAL COMMUNICATIONS COMMISSION
>
> James D. Wells
>
> District Director
>
> Dallas District Office
>
> South Central Region
>
> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

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

[^4]: 18 U.S.C. § 1001 *et seq.*