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 )


   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
        this section..."

          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
        or received.

     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 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

   Miami Office

   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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central 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


                       Federal Communications Commission