******************************************************** 
                      NOTICE
********************************************************

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 )

   )

   Peninsula Communications, Inc. )  File No.EB-FIELDWR-12-00005120

   License of FM Translator Station K285EG )

   Facility ID #52158 )

   Seward, Alaska )

   ) NOV No. V201332780009

   )

   )

                              NOTICE OF VIOLATION

   Released: February 25, 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 Peninsula Communications, Inc.
       licensee of FM translator station K285EG 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 herein.^

    2. On October 23, 2012, agents of the Enforcement Bureau's Anchorage
       Resident Agent Office inspected FM translator station K285EG located
       at in a parking lot at the intersection of Jefferson Street and 5^th
       Avenue, Seward, Alaska, and observed the following violation:

   a. 47 C.F.R. S Section 74.1265(b): "The call sign of the translator or
   booster together with the name, address, and telephone number of the
   licensee or local representative of the licensee if the licensee does not
   reside in the community served by the translator or booster, and the name
   and address of a person and place where station records are maintained,
   shall be displayed at the translator or booster site on the structure
   supporting the transmitting antenna, so as to be visible to a person
   standing on the ground at the transmitter site. The display shall be
   prepared so as to withstand normal weathering for a reasonable period of
   time and shall be maintained in a legible condition by the licensee." The
   agents did not observe a display providing the required information at or
   near the base of the structure supporting the transmitting antenna.

    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, 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 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. 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 regulatee'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

   P.O. Box 231949

   Anchorage, Alaska 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene Windel

   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

   2

                       Federal Communications Commission