*Pages 1--2 from  Microsoft Word - 33198*
 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Upper  Wabash  Broadcasting  Corp.  )  Radio  Station  WKUZ  )  File  No.  EB-  03-  CG-  593 
 )  ASR  #  1031600  )  NOV  No.  V20043232003 
 LaFountaine,  IN  )  ) 


 NOTICE  OF  VIOLATION 
 Released:  November  7,  2003 
 By  the  District  Director,  Chicago  Office,  Enforcement  Bureau: 
 1.  This  is  a  Notice  of  Violation  ("  Notice")  issued  pursuant  to  Section  1.89  of  the  Commission’s  Rules,  1  to  Upper  Wabash  Broadcasting  Corp.  (“  Wabash”). 


 2.  On  November  7,  2003,  an  agent  of  the  Commission’s  Chicago  Office  received  information  that  the  lights  on  your  antenna  structure,  ASR#  1031600,  located  at  LaFountaine,  Indiana, 
 were  operating  in  violation  of  Federal  Communications  Commission  Rule  Section: 
 a.  47  C.  F.  R.  §  17.48(  a):  “The  owner  of  any  antenna  structure  which  is  registered  ...  Shall  report  immediately  by  telephone  or  telegraph  to  the 
 nearest  Flight  Service  Station  or  office  of  the  Federal  Aviation  Administration  any  observed  or  otherwise  known  extinguishment  or 
 improper  functioning  of  any  flashing  obstruction  light  ....”  The  lights  on  the  antenna  structure  were  not  flashing.  Wabash  did  not  notify  the  Federal 
 Aviation  Administration  of  the  malfunction. 
 3.  Pursuant  to  Section  308(  b)  of  the  Communications  Act  of  1934,  as  amended,  2  and  Section  1.89  of  the  Commission's  Rules,  Upper  Wabash  Broadcasting  Corp.,  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  with  personal 
 knowledge  of  the  matter.  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: 


 1  47  C.  F.  R.  §  1.89. 
 2  47  U.  S.  C.  §  308(  b). 
1
 Federal  Communications  Commission 
 2 
 Federal  Communications  Commission  Chicago  Office 
 1550  Northwest  Highway,  Room  306  Park  Ridge,  IL  60068 


 4.  This  Notice  shall  be  sent  to  Upper  Wabash  Broadcasting  Corp.,  P.  O.  Box  342,  Wabash,  IN  46992. 
 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 


 G.  Michael  Moffitt  District  Director 
 Chicago  Office 


 3  P.  L.  93-  579,  5  U.  S.  C.  §  552a(  e)(  3). 
 4  18  U.  S.  C.  §  1001  et  seq. 
2