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

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 )

   )

   Carol Carroll )  File No. EB-FIELDWR-12-00003450

   Licensee of Radio Station KWYW )

   Facility ID # 89088 )

   Lost Cabin, WY ) NOV No. V201232800046

   )

                              NOTICE OF VIOLATION

   Released:  August 3, 2012

   By the District Director, Denver  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  Carol Carroll (Carroll),  licensee of
       radio station KWYW in Lost Cabin, Wyoming. This Notice may be combined
       with a further action, if further action is warranted.

    2. On  June 5, 2012, an agent of the Enforcement Bureau's Denver Office
       inspected  radio station KWYW licensed to  Lost Cabin, WY, and
       observed the following violations:

     a. 47 C.F.R. S: 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 logs as specified in Sections 73.1820 and 73.1840 of this
        chapter... " At the time of the inspection, there were no entries in
        the station's logs indicating why Carroll  did not receive the
        Required Weekly or Required Monthly Tests  from the Fremont County,
        Wyoming, LP-1 or LP-2 stations  during the period from  March 1,
        2012, to May 31, 2012.

     b. 47 C.F.R. S: 73.1870(c)(3): "(c) The chief operator is responsible
        for completion of the following duties specified in this paragraph
        below. ... (3) Review of the station records at least once each week
        to determine if required entries are being made correctly.
        Additionally, verification must be made that the station has been
        operated as required by the rules or the station authorization. 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." At the time of inspection, the Chief Operator had not
        signed the EAS logs for over three months.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       cable operators 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, Carroll 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
       Carroll  to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Carroll  with personal knowledge of the
       representations provided in Carroll'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

   Denver District Office

   215 S. Wadsworth Blvd., # 303

   Lakewood, CO 80226

    6. This Notice shall be sent to Carol Carroll  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

   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

   3

                       Federal Communications Commission