Before the

**FEDERAL COMMUNICATIONS COMMISSION**

Washington, D.C. 20554

In the Matter of Moody Bible Institute of Chicago ) File Number
EB-04-ST-028

Licensee of Radio Station KMBI (AM) ) NOV \# V20043298001

Facility ID \# 65985 )

Spokane, Washington )

)

**OFFICIAL NOTICE OF VIOLATION**

Released: March, 16 2004

By the Enforcement Bureau, Seattle Field Office:

1\. This is an Official Notice of Violation ("NOV") issued pursuant to
Section 1.89 of the Commission\'s Rules[^1], to The Moody Bible
Institute, licensee of radio station KMBI.

2\. On various times on and before January 19, 2004, an agent of the
Commission's Seattle Office, monitoring from a remote station, noted
that the programming of KAQQ (AM) at 1280 kHz was being rebroadcast on
1380 kHz. January 28, 2004, an Agent of the Commission's Seattle Office
determined that the source of transmission on 1380 kHz was AM tower of
KMBI which is licensed to operate at 1330 kHz. On March 10, 2004, an
agent of the Commission's Seattle Office measured the signal present on
1380 kHz at approximately 35 dB below KMBI's modulated carrier on 1330
kHz. The following violation was noted:

> 47 C.F.R. § 73.44(b): "...emissions 30 kHz to 60 kHz removed from the
> carrier must be attenuated at least \[5 + 1 dB/kHz\] below the
> unmodulated carrier level. In this case emissions would need to be
> attenuated to at least 55 dB below the unmodulated carrier level."

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, a
    representative of KMBI, 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 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

Seattle Field Office

11410 NE 122^nd^ Way, STE 312

Kirkland, WA 98034-6927

4.  This Notice shall be sent certified mail, return receipt, to The
    Moody Bible Institute of Chicago, 820 N LaSalle St, Chicago,
    IL 60610. A copy of this notice shall also be sent certified mail to
    KMBI Radio, 5408 S. Freya St, Spokane, WA 99223.

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

Dennis Anderson District Director

Seattle Field Office

CC: KMBI Radio, Spokane, WA

[^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.*