Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Keyhole Broadcasting, LLC ) File No. EB-11-DV-0257

   Licensee of Station KXXL )

   Facility ID # 164171 )

   Moorcroft, WY ) NOV No. V201232800004


                              NOTICE OF VIOLATION

   Released: December 14, 2011

   By the District Director, Denver District Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Keyhole Broadcasting, LLC
       ("Keyhole"), licensee of radio station KXXL licensed to Moorcroft, WY.
       This Notice may be combined with a further action, if further action
       is warranted.

    2. On August 16, 2011, an agent of the Enforcement Bureau's Denver
       District Office inspected radio station KXXL located at 305 S. Garner
       Lake Road, Gillette, WY, and observed the following violation:

     a. 47 C.F.R. S: 11.61(a): "EAS Participants shall conduct tests at
        regular intervals, as specified in paragraphs (a)(1) and (a)(2) of
        this section. Additional tests may be performed anytime. EAS
        activations and special tests may be performed in lieu of required
        tests as specified in paragraph (a)(4) of this section. All tests
        will conform with the procedures in the EAS Operating Handbook." KXXL
        failed to ensure, for the period May 1 - August 13, 2011, that the
        required weekly tests for the station were received or transmitted.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. Pursuant to Section 403 of the
       Communications Act of 1934, as amended, and Section 1.89 of the
       Commission's Rules, we seek additional information concerning the
       violations and any remedial actions the station may have taken. 
       Therefore, Keyhole must submit a written statement concerning this
       matter within twenty (20) days of release of this Notice. The response
       (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Keyhole to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Keyhole with personal knowledge of the
       representations provided in Keyhole response, verifying the truth and
       accuracy of the information therein, and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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

   Denver District Office

   215 S. Wadsworth Blvd., Suite 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Keyhole Broadcasting, LLC, at its address
       of record.

    7. The Privacy Act of 1974 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.


   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission



                       Federal Communications Commission