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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
University of Alaska, On Behalf of U of AK, )
Fairbanks )
Licensee of Radio Station KSUA ) File No. EB-08-AN-0048
Facility ID #20445 )
Fairbanks, Alaska ) NOV No. V200832780022
)
NOTICE OF VIOLATION
Released: June 12, 2008
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, to the University of Alaska, On Behalf of
U of AK, Fairbanks, licensee of FM noncommercial educational radio
station KSUA in Fairbanks, Alaska.
2. On May 15, 2008, at approximately 11:00 a.m., agents of the Enforcement
Bureau's Anchorage Resident Agent Office attempted to inspect FM radio
station KSUA in Fairbanks, Alaska, and observed the following violations:
a. 47 C.F.R. S: 73.1225(a): "The licensee of a broadcast station shall
make the station available for inspection by representatives of the
FCC during the station's business hours, or at any time it is in
operation." The agents attempted to inspect the KSUA main studio,
situated on the second floor of the Butrovich Building, located on
the University of Alaska's Fairbanks campus. The agents were unable
to inspect the station because there was no staff at the studio.
b. 47 C.F.R. S: 73.3527(c)(1): "The [public inspection] file shall be
available for public inspection at any time during regular business
hours." At the time of the attempted inspection, the public
inspection file was not accessible to the public because there was no
staff at the KSUA main studio.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, the University of Alaska, On
Behalf of U of AK, Fairbanks, must submit a written statement concerning
this matter within 20 days of release of this Notice. The response must
fully explain each violation, must contain a statement of the specific
action(s) taken to correct each violation and preclude recurrence, and
should include a time line for completion of pending corrective action(s).
The response must be complete in itself and signed by a principal or
officer of the University of Alaska, On Behalf of U of AK, Fairbanks. 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
P.O. Box 221849
Anchorage, Alaska 99522-1849
4 This Notice shall be sent to by Certified Mail/Return Receipt Requested
and regular mail to the University of Alaska, On Behalf of U of AK,
Fairbanks, at its address of record.
5. 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.
FEDERAL COMMUNICATIONS COMMISSION
Marlene Windel
Resident Agent
Anchorage Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission