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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-13-00007686

   Licensee of Radio Station KKWE )

   Facility ID # 174165 ) NOV No.: V201332320006

   Callaway, Minnesota )

                              NOTICE OF VIOLATION

   Released: April 9, 2013

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to White Earth Land Recovery
       Project, licensee of FM Station KKWE in White Earth, Minnesota.
       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 noted herein.^

    2. On March 27, 2013, an agent of the Enforcement Bureau's Chicago Office
       inspected radio station KKWE located at 607 Main Avenue, Callaway,
       Minnesota, and observed the following violation:

   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." The investigation revealed that the EAS alert tone was
   broadcast over the air but a complete audio message was not broadcast
   following the alert tone because Station KKWE's equipment was truncating
   the audio script message portion of the EAS alerts.

    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 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, White Earth Land Recovery
       Project 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 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 District Office

   1550 North Northwest Highway, Room 306

   Park Ridge, Illinois 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.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago District Office

   Northeast Region

   Enforcement Bureau

   ^ 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

   2

                       Federal Communications Commission