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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )
   Alaska Educational Radio System, Inc. ) File No.: EB-FIELDWR-12-00005274
   Licensee of KHOH(FM) )
   ) NOV No.: V201332780018
   Seldovia, Alaska )
   ) Facility ID: 176163
   )



                              NOTICE OF VIOLATION

                                                       Released: May 16, 2013

   By the Anchorage Resident Agent Office, Anchorage, Alaska, 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 Alaska Educational Radio System,
       Inc.,  (AERS) licensee of radio station KHOH(FM) in Seldovia, 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(s) noted herein.^

    2. In May 2012 and September 2012, agents from the Enforcement Bureau's
       Anchorage Office, while in Homer, Alaska, determined that  an
       unmodulated signal was present on 88.1 MHz and appeared to be
       originating in Seldovia, Alaska, across the bay from Homer, Alaska.
       Research by the Anchorage agents revealed that AERS is the licensee of
       Station KHOH(FM) operating on 88.1 MHz with a community of  license in
       Seldovia, Alaska. Further research showed no local or toll-free
       telephone number for Station KHOH(FM) and no listing of  a main studio
       for the station. On November 9, 2012, the Anchorage Office issued a
       Letter of Inquiry (LOI) to AERS to gather information regarding the
       Station KHOH(FM) facilities in Seldovia and related matters. The LOI
       was sent Certified Mail, Return Receipt Requested, and First Class
       Mail to AERS at its address of record and was returned unopened. On
       December 21, 2012, AERS was sent a Warning Letter for failing to
       respond to the LOI, also sent Certified Mail, Return Receipt
       Requested, and First Class Mail to AERS at its address of record and
       was returned unopened. Subsequent efforts to contact AERS and its
       board members  also failed. The Anchorage Office has observed the
       following violations:

    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."  AERS failed to respond to a
       LOI and subsequent warning letters from the Anchorage Office.

    b. 47 C.F.R. S 1.5(a): "Each licensee shall furnish the Commission with
       an address to be used by the Commission in serving documents or
       directing correspondence to that licensee. Unless any licensee advises
       the Commission to the contrary, the address contained in the
       licensee's most recent application will be used by the Commission for
       this purpose. (b) The licensee is responsible for making any
       arrangements which may be necessary in his particular circumstances to
       assure that Commission documents or correspondence delivered to this
       address will promptly reach him or some person authorized by him to
       act in his behalf."  AERS failed to furnish to the Commission a
       reliable address to ensure that Commission documents would promptly
       reach AERS.

    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, Alaska Educational Radio System, 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). AERS
       must also fully respond to the attached LOI. 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 Alaska
       Educational Radio System, 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 Alaska Educational Radio System,
       Inc., with personal knowledge of the representations provided in
       Alaska Educational Radio System, 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 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 Alaska Educational Radio System, 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

   David J. Charlton

   Resident Agent

   Anchorage Resident Agent Office

   Western Region

   Enforcement Bureau

   Attachment

   ^ 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

   3

                       Federal Communications Commission