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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   White Earth Land Recovery Project ) File No.: EB-FIELDNER-12-00003081

   Licensee of Radio Station KKWE )

   Facility ID #174165 ) NOV No.: V201232320005

   White Earth, Minnesota )


                              NOTICE OF VIOLATION

                                                      Released: July 23, 2012

   By the District Director, Chicago Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules to White Earth Land Recovery Project,
       licensee of radio station KKWE in White Earth, Minnesota.

    2. On June 27, 2012, an agent of the Commission's Chicago Office
       inspected Station KKWE  at its main studio at 607 Main Avenue,
       Callaway, Minnesota, and observed the following violations:

     a. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS
        sources. The monitoring assignments of each broadcast station and
        cable systems and wireless cable system are specified in the State
        EAS Plan and FCC Mapbook. . . ." The EAS logs show that during May
        and June only one source (KFGF/NWS) was being monitored.

     b. 47 C.F.R. S: 11.35(a): "EAS Participants are responsible for ensuring
        that EAS Encoders, EAS Decoders, Attention Signal generating and
        receiving equipment, and Intermediate Devices used as part of the EAS
        to decode and/or encode messages formatted in the EAS Protocol and/or
        the Common Alerting Protocol are installed so that the monitoring and
        transmitting functions are available during the times the stations
        and systems are in operation. Additionally, EAS Participants must
        determine the cause of any failure to receive the required tests or
        activations specified in S:11.61(a)(1) and (2). Appropriate entries
        indicating reasons why any tests were not received must be made in
        the broadcast station log as specified in S:S:73.1820 and 73.1840 of
        this chapter for all broadcast streams. . . ." A review of the logs
        revealed that in March and April the required monthly test (RMT) was
        received but not transmitted. In May and June there was no record of
        the RMT being received or transmitted. There were no entries in the
        EAS logs indicating why the RMT was not received and transmitted in
        March, April, May and June.

    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
       violation(s) and any remedial actions the station may have taken. 
       Therefore, KKWE, 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
       White Earth Land Recovery Project, to support its response to this
       Notice with an affidavit or declaration under penalty of perjury,
       signed and dated by an authorized officer of White Earth Land Recovery
       Project, with personal knowledge of the representations provided in
       White Earth Land Recovery Project's 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

   Chicago Office

   1550 North Northwest Highway, Room 306

   Park Ridge, IL 60068

    6. This Notice shall be sent to White Earth Land Recovery Project, 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.


   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   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