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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                   )                                    


     Peninsula Communications Inc.      )   File No: EB-FIELDWR-12-00002884  

     Licensee of AM Broadcast Station   )                                    

     Facility ID 52152                  )             NOV No: V201232780009  

     Homer, 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.,
       (Peninsula) licensee of AM broadcast station KGTL in Homer, Alaska. 
       This Notice may be combined with a further action, if further action
       is warranted.

    2. On May 17, 2012 agents of the Enforcement Bureau's Anchorage Office
       inspected the AM broadcast radio station at its main studio at 66060
       Diamond Ridge Road, Homer, Alaska and observed the following

    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." At the time of the inspection, Peninsula advised
       the agents that KGTL was monitoring KTUU as the second monitoring
       source. The agents reviewed station logs between March 12 and May 17,
       2012, and found no entries explaining why KGTL had failed to receive
       the required weekly tests (RWTs) from KTUU for the weeks of March 11,
       April 8, and April 15, 2012. Agents also found no entries for the week
       of April 22, 2012, explaining the reason(s) for the failure to receive
       the RWTs from the National Weather Service (NWS). Additionally, on
       April 4, 2012, a handwritten note in the EAS log indicated that KGTL
       received the required monthly test (RMT) from KTUU at 11:21 a.m.;
       however, there is no indication or documentation that KGTL transmitted
       the RMT as required.

    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, KGTL was monitoring
       sources did not comply with the State EAS Plan or a Waiver granted to

    c. 47 C.F.R. S: 73.3526(e)(2): 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, KGTL advised the
       agents of a filing of petition to deny KGTL's renewal. At the time of
       the inspection, the agents did not locate the required statement of
       such action in the file.

    d. 47 C.F.R. S: 73.3526(e)(4): 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.

    e. 47 C.F.R. S: 73.3526(e)(5): 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 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. 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