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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   Seward Media Partners, LLC ) File No.: EB-FIELDWR-13-00010002
   Licensee of KSEW (AM) )
   ) NOV No.: V201332780026
   Seward, Alaska )
   ) Facility ID: 72209

                              NOTICE OF VIOLATION

                                                    Released: August 13, 2013

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Seward Media Partners, LLC,
       (SMP) licensee of radio station KSEW (AM) with a community of service
       in Seward, Alaska. Pursuant to Section 1.89(a) of the Rules, issuance
       of this Notice 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 June 17, 2013 and again on June 18, 2013, an agent of the
       Enforcement Bureau's Anchorage Office inspected KSEW transmission
       facilities at an expired authorized location under a station temporary
       authority (STA), ^ ^ the location authorized on the KSEW license, and
       the designated KSEW main studio, all in Seward, AK.  The Anchorage
       agent observed the following violations:

    a. 47 C.F.R. S 11.15: "The EAS Operating Handbook states in summary form
       the actions to be taken by personnel at EAS Participant facilities
       upon receipt of an EAN, an EAT, tests of State and Local Area alerts.
       A copy of the Handbook must be located at normal duty positions or EAS
       equipment locations when an operator is required to be on duty and be
       immediately available to staff responsible for authenticating messages
       and initiating actions." The main studio inspection of June 18, 2013,
       found no EAS Operating Handbook.

    b. 47 C.F.R. S 73.1125(a): "... each AM, FM and TV broadcast station
       shall maintain a main studio at one of the following locations: (1)
       Within the station's community of license; (2) At any location within
       the principal community contour of any AM, FM or TV broadcast station
       licensed to the  station's community of license; or (3) Within
       twenty-five miles from the reference coordinates of the center of its
       community of license..." "A station must equip the main studio with
       production and transmission facilities that meet applicable standards,
       maintain continuous program transmission capability, and maintain a
       meaningful management and staff presence."^ The Commission has defined
       a minimally acceptable "meaningful presence" as full-time managerial
       and full-time staff personnel.^ The main studio inspection of June 18,
       2013, found no equipment available for KSEW operations, nor a
       meaningful presence, having only a volunteer staff member on premise.

    c. 47 C.F.R. S 73.1230(a): "The station license and any other instrument
       of station authorization shall be posted in a conspicuous place and in
       such a manner that all terms are visible at the place the licensee
       considers to be the principal control point of the transmitter; (b)
       Posting of the station license and any other instruments of
       authorization shall be done by affixing them to the wall at the
       posting location, or by enclosing them in a binder or folder which is
       retained at the posting location so that the documents will be readily
       available and easily accessible." The main studio inspection of June
       18, 2013, found no documents of any instrument of authorization
       posted, or in a binder, available for inspection for KSEW operations.

    d. 47 C.F.R. S 73.1840(a): "Any log required to be kept by station
       licensees shall be retained by them for a period of 2 years." During
       the main studio inspection of June 18, 2013, the station
       representative could produce no records for the station's operation
       (equipment, transmitter, calibrations, or EAS, etc.) for the prior two

    e. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV
       broadcast station must designate a person to serve as the station's
       chief operator. At times when the chief operator is unavailable or
       unable to act (e.g., vacations, sickness), the licensee shall
       designate another person as the acting chief operator on a temporary
       basis. . . . (b)(3) The designation of the chief operator must be in
       writing with a copy of the designation posted with the station
       license. Agreements with chief operators serving on a contract basis
       must be in writing with a copy kept in the station files." During the
       main studio inspection of June 18, 2013, the representative could not
       produce a written document designating a chief operator.

    f. 47 C.F.R. S 73.3526(a): Responsibility to maintain a file. "(2) Every
       permittee or licensee of an ...AM..., station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(10) and paragraph (e)(13) of this section. In addition,
       every permittee or licensee of a commercial ... AM ... station shall
       maintain for public inspection a file containing the material,
       relating to that station, describe in paragraphs (e)(12) and (e)(14)
       of this section. A separate file shall be maintained for each station
       for which an authorization is outstanding, and the file shall be
       maintained so long as an authorization to operate the station is
       outstanding." At the main studio inspection of June 18, 2013, the
       representative could not produce a complete public inspection file.
       The representative however did produce a plastic portable file cabinet
       with approximately 25 green file folders of which only one folder
       marked for and had documents/applications incorporated for KSEW.

    g. 47 C.F.R. S 73.3598(a): Period of construction. "...each original
       construction permit for the construction of a new ...AM... station, or
       to make changes in such existing stations, shall specify a period of
       three years from the date of issuance of the original construction
       permit within which construction shall be completed and application
       for license filed." At the site inspection of the location authorized
       on the KSEW license, on June 17, 2013, the agent observed that no
       facilities were  constructed.^

    h. 47 C.F.R. S 73.1350(a): "Each licensee is responsible for maintaining
       and operating its broadcast station in a manner which complies with
       the technical rules set forth elsewhere in this part and in accordance
       with the terms of the station authorization." At the site inspection
       of the location authorized on the KSEW license, on June 17, 2013, the
       agent observed that no facilities were constructed.

    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.

    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, Seward Media Partners, LLC, 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 Seward Media
       Partners, LLC, to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Seward Media Partners, LLC, with personal
       knowledge of the representations provided in Seward Media Partners,
       LLC, 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

   Anchorage Resident Agent Office

   PO Box 231949

   Anchorage, AK 99523-1949

    7. This Notice shall be sent to Seward Media Partners, LLC, 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.


   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).

   ^ See BSTA-20130417AAT, STA, granted 4/22/2013, expired May 22, 2013.

   ^  Main Studio and Program Origination Rules, Memorandum Opinion and
   Order,  3 FCC Rcd 5024, 5026 (1988).

   ^  Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).

   ^ See File No. BL-19981211AG, granted March 29, 1999, and File No.
   BR-20050902ABL, granted January 26, 2006. The KSEW license authorizes
   construction at the following coordinates: 60'0 05' 27" N, 149'0 20' 20" W
   (NAD 27).

   ^ 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