Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Howard N. Henderson )
Licensee of )
)
Radio Station KDAP ) File Nos. EB-09-SD-0111
Facility ID # 33760 ) EB-09-SD-0112
Douglas, Arizona )
)
Radio Station KDAP-FM )          
Facility ID # 33761 )                               NOV No. V200932940003  
Douglas, Arizona )
NOTICE OF VIOLATION
Released: September 23, 2009
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the 
Commission’s Rules,1 to Howard N. Henderson, licensee of  broadcast radio stations KDAP and KDAP-
FM in Douglas, Arizona. 
2. On September 1, 2009,  agents of the Enforcement Bureau’s San Diego Office inspected 
KDAP and KDAP-FM,  located at 2031 N. Sulphur Springs Street, Douglas, AZ and observed the 
following violations:
47 C.F.R. § 11.35(a):  “EAS Participants must determine the cause of any 
failure to receive the required tests or activations specified in Sections 
11.61(a)(1) and (a)(2).  Appropriate entries indicating reasons why any tests 
were not received must be made in the broadcast station log as specified in 
Sections 73.1820 and 73.1840 of this chapter for all broadcast streams . . . . ”  At 
the time of the inspection, there were no entries in the station log indicating why 
tests had been sporadically missed over the three months prior to the inspection.  
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 
1.89 of the Commission's Rules, Howard N. Henderson, must submit a written statement concerning this 
  
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 403.
Federal Communications Commission
2
matter within 20 days of release of this Notice.  The response must fully explain each violation, must 
contain a statement of the specific action taken to correct each violation, preclude recurrence, and should 
include a time line for completion of pending corrective actions.  
4. The response must be complete in itself and signed by a principal or officer of Howard N. 
Henderson.  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
San Diego District Office
4542 Ruffner Street, Suite 370
San Diego, CA  92111
5. This Notice shall be sent to by Certified Mail/Return Receipt Requested and regular mail 
to Howard N. Henderson, at its address of record.  
6. The Privacy Act of 19743 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
William R. Zears Jr.
District Director
San Diego District Office
Western Region
Enforcement Bureau
  
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.