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 )

   Kenai Educational Media, Inc. ) File No.: EB-FIELDWR-13-00009787
   Licensee of KIBH-FM )
   ) NOV No.: V201432780006
   Seward, Alaska ) Facility ID: 176521

                              NOTICE OF VIOLATION

                                                   Released: November 7, 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 Kenai Educational Media, Inc.,
       (KEMI),  licensee of FM broadcast radio station KIBH-FM  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 noted

    2. On August 12, 2013, a Notice of Violation (August NOV) was issued to
       KEMI for  violations noted during a June 18, 2013, inspection. The
       August NOV was sent via United States Postal Service (USPS) certified
       and first class mailings to KEMI at its address of record. The
       certified envelope returned to the Anchorage Office
       unopened/unclaimed, on September 9, 2013. No response was received to
       the  August NOV. On September 12, 2013, a Warning for non-response
       sent to the President of KEMI in Seward, AK,  advising that a response
       to the August NOV  was required and included a copy of the August NOV.
       The Warning was also sent via USPS certified and first class mailings.
       Neither the first class nor certified envelopes where returned.
       Therefore, the following violation was observed:

    a. 47 C.F.R. S 73.1015: "The Commission or its representatives may, in
       writing, require from any applicant, permittee, or licensee written
       statements of fact relevant to a determination whether an application
       should be granted or denied, or to a determination whether a license
       should be revoked, or to any other matter within the jurisdiction of
       the Commission, or, in the case of a proceeding to amend the FM or
       Television Table of Allotments, require from any person filing an
       expression of interest, written statements of fact relevant to that
       allotment proceeding. Any such statements of fact are subject to the
       provisions of S 1.17 of this chapter."  No response to the August NOV
       has been received.

    3. 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, Kenai Educational Media, 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,
       detailed in the August NOV, 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,
       (iii) must include a time line for completion of any pending
       corrective action(s), and (iv) must answer the questions posed in
       paragraph 4 of the August NOV. 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 Rules, we direct  Kenai
       Educational Media, 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 Kenai Educational Media, Inc., with
       personal knowledge of the representations provided in  Kenai
       Educational Media, Inc.  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 permittee'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  Kenai Educational Media, 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.


   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 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