**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

DBM Communications Inc. ) File No. EB-06-BF-131

AM Radio Station WLSV )

)

Wellsville, New York ) NOV No. V20063228022

NOTICE OF VIOLATION

Released: September 18, 2006

By the Resident Agent, Buffalo Resident Agent Office, Northeast Region,
Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to DBM Communications.,
    licensee of radio station WLSV, Wellsville, New York.

2.  On August 25, 2006, an agent of the Enforcement Bureau's Buffalo
    Resident Agent Office inspected the radio station WLSV located in
    Wellsville, New York and observed the following violation:

> 47 C.F.R. § Section 73.1560 (a): "The antenna input power of an AM
> station as determined by the procedures specified in § 73.51 must be
> maintained as near as is practicable to the authorized antenna input
> power and may not be less than 90% nor more than 105% of the
> authorized power." According to the station's operating log, the
> station exceeded the authorized antenna input power of 1000 watts by
> more than 105 % on the following dates.

  ----------------------- ----------------------- -----------------------
  **Date**                **Power(watts)**        **Percent of authorized
                                                  power**

  8/14/06                 1133                    113

  8/15/06                 1104                    110

  8/16/06                 1093                    109

  8/18/06                 1104                    110

  8/21/06                 1133                    113

  8/22/06                 1086                    108

  8/23/06                 1107                    110

  8/24/06                 1114                    111

  8/25/06                 1093                    109
  ----------------------- ----------------------- -----------------------

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, DBM
    Communications Inc., must submit a written statement concerning this
    matter within 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 DBM Communications, Inc. 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
>
> 6400 Sheridan Drive
>
> Suite 140
>
> Williamsville, New York 14221

4.  This Notice shall be sent to DBM Communications Inc. 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

David A. Viglione

Resident Agent

Buffalo Office

> Northeast 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.*