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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 )
KGTL
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
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." 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
KGTL.
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.
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
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Federal Communications Commission