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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 )
KPEN
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
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, KPEN was monitoring
sources did not comply with the State EAS Plan or a Waiver granted to
KPEN.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
4
Federal Communications Commission