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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                   )                                    


     Peninsula Communications Inc.      )   File No: EB-FIELDWR-12-00002823  

     Licensee of FM Broadcast Station   )                                    

     Facility ID 52149                  )             NOV No: V201232780008  

     Soldotna, Alaska                   )                                    


                              NOTICE OF VIOLATION

                                                      Released: July 24, 2012

   By the Resident Agent, Anchorage, Western Region, Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's Rules, to Peninsula Communications Inc. licensee
       of FM broadcast station KPEN in Soldotna, Alaska. This Notice may be
       combined with a further action, if further action is warranted.

    2. On April 26, 2012 agents of the Enforcement Bureau's Anchorage Office
       inspected the FM broadcast radio station at its main studio at 37840
       K-Beach Rd, Kenai, Alaska 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
       S:S: 11.61(a)(1) and (a)(2). Appropriate entries indicating reasons
       why any tests were not received must be made in the broadcast station
       log as specified in S:S: 73.1820 and 73.1840 of this chapter for all
       broadcast streams." KPEN advised the agents that the station was
       monitoring KTUU as the second monitoring source. The agents reviewed
       station logs for the weeks between February 19, 2012 and April 28,
       2012, and found no entries explaining why KPEN had failed to receive
       the required weekly tests (RWTs) from KTUU for the weeks of February
       19, March 4, March 11, April 8, April 15, and April 22, 2012. Agents
       also found no entries for the weeks of February 26 and March 4, 2012,
       explaining the reason(s) for the failure to receive RWTs from the
       National Weather Service (NWS). Additionally, on April 4, 2012, a
       handwritten note in the EAS log indicated that KPEN received the
       required monthly test (RMT) from KTUU at 11:21 a.m.; however, there is
       no indication or documentation that KPEN transmitted the RMT as

    b. 47 C.F.R. S: 11.52(d): "EAS Participants must monitor two EAS sources.
       The monitoring assignments of each broadcast station and cable system
       and wireless cable system are specified in the State EAS Plan and FCC
       Mapbook. They are developed in accordance with FCC monitoring
       priorities." At the time of the inspection, KPEN was monitoring
       sources did not comply with the State EAS Plan or a Waiver granted to

    c. 47 C.F.R. S: 73.1226(a): "Station records and logs shall be made
       available for inspection or duplication at the request of the FCC or
       its representative." At the time of the inspection, the station's logs
       were not readily available when requested. KPEN's station logs were
       located at its co-owned stations in Homer, Alaska, the designated
       control point some 75 road miles south. The owner and licensee did
       produce the station logs well after the inspection and initial request
       by the agents.

    d. 47 C.F.R. S: 73.3526(e)(1): [Contents of the Local Public Inspection
       File] Authorization. "A copy of the current FCC authorization to
       construct or operate the station as well as any other documents
       necessary to reflect any modifications thereto or any conditions that
       the FCC has placed on the authorization. These materials shall be
       retained until replaced by a new authorization, at which time a copy
       of the new authorization and any related materials shall be placed in
       the file." At the time of the inspection, the agents did not locate a
       copy of the current authorization.

    e. 47 C.F.R. S: 73.3526(e)(2): [Contents of the Local Public Inspection
       File] Applications and related materials. "A copy of any application
       tendered for filing with the FCC, together with all related material,
       and copies of Initial Decisions and Final Decision in hearing cases
       pertaining thereto. If petitions to deny are filed against the
       application and have been served on the applicant, a statement that
       such a petition has been filed shall be maintained in the file
       together with the name and address of the party filing the petition."
       FCC records indicate that an application for an engineering Special
       Temporary Authority was filed on February 13, 2009 and accepted for
       filing on February 17, 2009. A copy of this application was not
       located in the public file. In addition, KPEN advised the agents of a
       filing of petition to deny KPEN's renewal. At the time of the
       inspection, the agents did not locate the required statement of such
       action in the file.

    f. 47 C.F.R. S: 73.3526(e)(4): [Contents of the Local Public Inspection
       File] Contour Maps. "A copy of any service contour maps, submitted
       with any application tendered for filing with the FCC, together with
       any other information in the application showing service contours
       and/or main studio and transmitter location (State, county, city,
       street address, or other identifying information)." At the time of the
       inspection, the agents did not locate a service contour map submitted
       with any application tendered for filing. The agents however did find
       a separately generated coverage map, developed by the licensee
       appearing to be for their sales or station promotion.

    g. 47 C.F.R. S: 73.3526(e)(5): [Contents of the Local Public Inspection
       File] Ownership reports and related materials. "A copy of the most
       recent, complete ownership report filed with the FCC for the station,
       together with any statements filed with the FCC certifying that the
       current report is accurate, and together with all related material."
       At the time of the inspection, the file did contain an ownership
       report dated December 10, 2009. The agents did not locate the 2011
       biennial ownership report.

    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. We also must investigate
       violations of other rules that apply to broadcast licensees. 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 violation and any remedial actions the station may have
       taken. Therefore, Peninsula Communications Inc., 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
       Peninsula Communications Inc., to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Peninsula Communications Inc., with
       personal knowledge of the representations provided in Peninsula
       Communications Inc.'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

   Anchorage Resident Agent Office

   PO Box 231949

   Anchorage, AK 99523-1949

    6. This Notice shall be sent to Peninsula Communications Inc. at their
       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. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   David J. Charlton

   Resident Agent

   Anchorage Resident Agent 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).

   18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission