**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Entercom Wichita License, LLC ) File No. EB-08-KC-0357

Licensee of Radio Station KEYN-FM )

Facility ID \# 53151 ) NOV No. V200932560002

Wichita, Kansas )

)

)

NOTICE OF VIOLATION

Released: 12/10/2008

By the District Director, Kansas City 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 Entercom Wichita License, LLC,
    licensee of radio station KEYN-FM in Wichita, Kansas.

2.  On November 24, 2008, the Kansas state Emergency Alert System
    ("EAS") coordinator, requested the assistance of the Commission's
    Kansas City Office of the Enforcement Bureau ("Kansas City Office")
    to resolve an ongoing issue regarding missing EAS tests from radio
    station KEYN-FM. The coordinator expressed concern that station
    personnel at KEYN-FM were reportedly not responding to requests for
    information from other stations that monitor KEYN-FM as part of
    their designated EAS monitoring assignments.

3.  After receiving the complaint, on November 24, 2008, an agent of the
    Kansas City Office contacted the General Manager for radio station
    KEYN-FM located at Wichita, Kansas, and, after discussing the
    complaint, the agent requested that the station provide copies of
    all station logs and records pertaining to the EAS operation for the
    three month period ending 11/24/08. The requested logs and records
    were received on November 28, 2008. Based on those logs and records,
    the following violations have been detected:

    a.  47 C.F.R. §11.61(a)(2): "Required Weekly Tests: 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..." The station logs submitted are for the 17-week
        period of 8/3/08 -- 11/24/08. According to these logs, station
        KEYN-FM did not transmit any EAS activation during five of those
        weeks. This includes the weeks of 8/24-8/30, 9/21-9/27,
        10/5-10/11, 10/19-10/25 and 11/16-11/22. Of the weeks when tests
        were conducted, the tests were not conducted at random days and
        times. The tests that were initiated by KEYN-FM were typically
        on Tuesday mornings between 7 am -11 am.

    b.  47 C.F.R. § 73.1870(c)(3): "The chief operator is responsible
        for completion of the following duties ... Review of the station
        records at least once each week to determine if required entries
        are being made correctly. Additionally, verification must be
        made that the station has been operated as required by the rules
        or the station authorization. Upon completion of the review, the
        chief operator or his designee must date and sign the log,
        initiate any corrective action which may be necessary, and
        advise the station licensee of any condition which is
        repetitive." A review of the station logs and records submitted
        by the station pertaining to EAS activations do not show that
        any operator is reviewing, signing, or dating the logs weekly as
        required. The logs did contain four notes, dated 8/30, 9/30,
        10/31 and 11/21 which mentioned some of the missing EAS
        activations, however, those notes were typically made at the end
        of a month, and most noted a repetitive condition that the EAS
        test was not initiated due to "Operator Error." These logs
        contained no other dates or signatures to indicate that a weekly
        review had occurred, no corrective actions were recorded, and
        there is no indication that the licensee was notified of the
        repeated failure to conduct required EAS tests.

4.  According to the complaint from the Kansas state EAS coordinator,
    personnel from several stations and the coordinator have made
    attempts to contact KEYN-FM station personnel to determine why some
    EAS tests were not received. However, KEYN-FM station personnel
    reportedly would not return phone calls and email requests for
    information. We remind Entercom Wichita License, LLC that it is
    responsible for ensuring that its EAS equipment is fully
    operational, pursuant to 47 C.F.R. § 11.35(a). Discussions with the
    state EAS coordinator and other stations regarding missing EAS tests
    would likely help determine whether the station's EAS equipment is
    fully operational.

5.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Entercom
    Wichita License, LLC, 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
>
> Kansas City Office
>
> 520 NE Colbern Rd., 2^nd^ Floor
>
> Lees Summit, MO 64086

6.  This Notice shall be sent to Entercom Wichita License, LLC at its
    address of record.

7.  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
>
> Robert C. McKinney
>
> District Director
>
> Kansas City 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.*