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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Butler Broadcast Consultants, LLC ) File No. EB-FIELDSCR-14-00017579

   Licensee of Station WXKW )

   )

   Facility ID: 170942 ) NOV No. V201532600001

   )

   Key West, Florida  )

                              NOTICE OF VIOLATION

   Released: December 8, 2014

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

    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 November 11, 2014, Butler responded to an inquiry from the Miami
       Office regarding potential violations at Station WXKW. Based on the
       response, the agent noted 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. Additionally, EAS Participants must determine the cause of any
   failure to receive the required tests or activations specified in
   S11.61(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 SS73.1820 and 73.1840 of this chapter for all broadcast streams and
   cable system records as specified in SS76.1700, 76.1708, and 76.1711 of
   this chapter. All other EAS Participants must also keep records indicating
   reasons why any tests were not received and these records must be retained
   for two years, maintained at the EAS Participant's headquarters, and made
   available for public inspection upon reasonable request." According to
   Butler's response, Station WXKW's EAS equipment was out of service from
   the end of May or beginning of June, 2014 until October 29, 2014. Butler
   admitted that it did not log the exact date that its EAS equipment was
   taken out of service, did not log its failure to receive EAS tests while
   its EAS equipment was out of service, and did not notify the FCC when its
   equipment had been out of service for more than 60 days. Butler also
   stated that it did not have any printed or digital copies of logs of EAS
   tests prior to May 2014, so it had no evidence that its EAS had been
   operational prior to May 2014.

    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
       must contain a statement of the specific action(s) taken to preclude
       recurrence of the violations. The response must also include printed
       logs, generated by Station WXKW's EAS equipment, of all EAS tests and
       activations from October 29, 2014 until the date the response is sent
       and any logs of prior tests in 2014 recovered from the damaged EAS
       unit. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   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

                                       2

                       Federal Communications Commission