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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Butler Broadcast Consultants, LLC ) File No. EB-FIELDSCR-12-00003413
Licensee of Station WXKW )
Facility ID: 170942 ) NOV No. V201332600001
Key West, Florida )
NOTICE OF VIOLATION
Released: October 1, 2012
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules), to Butler Broadcast Consultants,
LLC (Butler), licensee of Station WXKW in Key West, Florida. Pursuant
to Section 1.89(a) of the Rules, issuance of this NOV does not
preclude the Enforcement Bureau from further action if warranted,
including issuing a Notice of Apparent Liability for Forfeiture for
the violation(s) noted herein.
2. On July 18, 2012, based on a complaint by the Federal Aviation
Administration that a spurious emission on the aeronautical band
frequency 113.1 MHz was emanating from Station WXKW's transmitter,
agents of the Enforcement Bureau's Miami Office inspected Station WXKW
located at 525 Southard Street, Key West, Florida 33040, and observed
the following violations:
a. 47 C.F.R. S: 11.35(a): "...[Emergency Alert System] 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 logs as specified in
Sections 73.1820 and 73.1840 of this chapter... " Station WXKW's EAS
equipment was removed for repair on July 9, 2012. There were no
entries in the station's logs that Station WXKW had received any
Required Weekly or Required Monthly Tests from its assigned LP-1 or
LP-2 stations and no entries indicating why such tests had not been
b. 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
1. (i)(A) "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." During the inspection, the EAS
printouts showed that Required Weekly EAS Tests were not
conducted at random days and times, but were all conducted on
Sunday morning at midnight.
c. 47 C.F.R. S: 73.317(a): "FM broadcast stations employing transmitters
authorized after January 1, 1960 must maintain the bandwidth occupied
by their emissions in accordance with the specification detailed
below. ...(S)hould harmful interference to other authorized stations
occur, the licensee shall correct the problem promptly or cease
operation." (d) "Any emission appearing on a frequency removed from
the carrier by more than 600 kHz must be attenuated by at least 43 +
10 Log10 (Power, in watts) dB below the level of the unmodulated
carrier, or 80 dB, whichever is the lesser attenuation." On the date
of inspection, the WXKW transmitter was operating with 696 watts
transmitter output power. Therefore, any emissions removed from the
carrier by more than 600 kHz must be attenuated by at least 71.4 dB.
During the inspection, agents observed a spurious emission on 113.1
MHz emanating from the WXKW transmitter which was attenuated by only
43 dB below the level of the unmodulated carrier. When the WXKW
transmitter was temporarily powered down, the spurious emission
d. 47 C.F.R. S: 73.1590: "The licensee of each AM, FM, TV, and Class A
TV station...must make equipment performance measurements for each
main transmitter as follows: (a)(7) When required by other provisions
of the rules or the station license." (b) "Measurements for spurious
and harmonic emissions must be made to show compliance with the
transmission system requirements of ....S: 73.317 for FM
stations...Measurements must be made under all conditions of
modulation expected to be encountered by the station..." (d) "The
data required by paragraphs (b) and (c) of this section, together
with a description of the equipment and procedure used in making the
measurements, signed and dated by the qualified person(s) making the
measurements, must be kept on file at the transmitter or remote
control point for a period of 2 years, and on request must be made
available during that time to duly authorized representatives of the
FCC." During the agents' inspection, and in subsequent conversations,
station personnel stated to an agent that a possible cause of the
spurious emission on 113.1 MHz was a damaged band pass filter in the
transmission line, and that the filter was removed for several weeks
and later reinstalled. This constitutes a modification to the
transmitting equipment, and therefore, equipment performance
measurements must be made as per S:73.1690(e). Additionally, since
the transmitter was emanating a spurious emission on an aeronautical
band frequency and may pose a threat to life or property, these
measurements are necessary to ensure that any aeronautical band
emissions have been eliminated or reduced to acceptable levels, and
that the station is otherwise operating in compliance with the
technical rules. No equipment performance measurements were available
upon inspection, and station personnel stated to an agent that
equipment performance measurements were not conducted upon removal or
reinstallation of the filter.
e. 47 C.F.R. S: 73.1690(e): "Any electrical and mechanical modification
to authorized transmitting equipment that is not otherwise restricted
by the preceding provisions of this section, may be made without FCC
notification or authorization. Equipment performance measurements
must be made within ten days after completing the modifications (See
S: 73.1590). An informal statement, diagram, etc., describing the
modification must be retained at the transmitter site for as long as
the equipment is in use." Station personnel stated that the damaged
band pass filter was removed and reinstalled several times between
July 18, 2012 and August 25, 2012. On September 7, 2012, station
personnel stated to an agent that no equipment performance
measurements had been made.
f. 47 C.F.R. S: 73.1800: "The licensee of each station must maintain a
station log as required by Sec. 73.1820." This log must be retained
for a period of 2 years as required by Section 73.1840. During the
inspection, the agents observed that the only station logs available
were EAS equipment printouts of Required Weekly Tests sent from the
period February 19, 2012 to May 27, 2012.
g. 47 C.F.R. S: 73.1820(a)(1)(iii): "Entries must be made in the station
log...of each test and activation of the Emergency Alert System (EAS)
pursuant to the requirement of part 11 of this chapter and the EAS
Operating Handbook." Aside from EAS equipment printouts of Required
Weekly Tests sent from February 19, 2012 to May 27, 2012, there were
no other logs of Required Weekly Tests sent, and no logs whatsoever
of any Required Weekly Tests received or Required Monthly Tests sent
h. 47 C.F.R. S: 73.1870(b)(3): "The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license." During the inspection, the agent observed that
there was no written designation of the chief operator.
i. 47 C.F.R. S: 73.1870(c)(3): "The chief operator is responsible
for...review of the station records once each week to determine if
required entries are being made correctly...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."
During the inspection, the agents observed that the Station's EAS
printouts were not signed weekly by the chief operator.
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 licensees. We also must investigate
violations of other rules that apply to broadcast licensees.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Butler 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.
5. In accordance with Section 1.16 of the Rules, we direct Butler to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Butler with personal knowledge of the representations provided in
Butler'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.
6. 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
PO Box 520617
Miami, FL 33152-0617
7. This Notice shall be sent to Butler at its address of record.
8. 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.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 308(b).
47 C.F.R. S: 1.89(c).
Section 1.16 of the 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