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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-12-00005263
   Licensee of KWMD(FM) )
   ) NOV No.: V201332780021
   Sterling, Alaska )
   ) Facility ID: 93589
   )



                              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 KWMD(FM) with a community of
       service in Sterling, 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. On May 29, 2012, agents of the Enforcement Bureau's Anchorage Office
       inspected Station KWMD(FM) at its main studio and address of record,
       33282 Browns Lake Road, Soldotna, Alaska. Based on this inspection a
       Letter of Inquiry (LOI) was issued to AERS on November 9, 2012. 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 11, 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.

    c. 47 C.F.R. S 73.1125(e): "Each AM, FM, TV and Class A TV broadcast
       station shall maintain a local telephone number in its community of
       license or a toll-free number." Evidence prior to, on, and after the
       May 29, 2012 station inspection found the telephone number (907)
       269-5963, which was posted on signage at the main studio, Soldotna,
       AK, and detailed in Commission filings and given to the agents during
       the May 29, 2012 inspection continues to be out of service.

    d. 47 C.F.R. S 73.1230(a):"The station license and any other instrument
       of station authorization shall be posted in a conspicuous place and in
       such a manner that all terms are visible at the place the licensee
       considers to be the principal control point of the transmitter; (b)
       Posting of the station license and any other instruments of
       authorization shall be done by affixing them to the wall at the
       posting location, or by enclosing them in a binder or folder which is
       retained at the posting location so that the documents will be readily
       available and easily accessible." The inspection of May 29, 2012,
       found no original documents of any instrument of authorization posted,
       in a binder or available for inspection for KWMD operations.

    e. 47 C.F.R. S 73.1840(a): "Any log required to be kept by station
       licensees shall be retained by them for a period of 2 years. However,
       logs involving communications incident to a disaster or which include
       communications incident to or involved in an investigation by the FCC
       and about which the licensee has been notified, shall be retained by
       the licensee until specifically authorized in writing by the FCC to
       destroy them. Logs incident to or involved in any claim or complaint
       of which the licensee has notice shall be retained by the licensee
       until such claim or complaint has been fully satisfied or until the
       same has been barred by statute limiting the time for filing of suits
       upon such claims." At the May 29, 2012, inspection AERS could produce
       no records for the station's operation for the prior two years.

    f. 47 C.F.R. S 73.1870(a): "The licensee of each AM, FM, TV or Class A TV
       broadcast station must designate a person to serve as the station's
       chief operator. At times when the chief operator is unavailable or
       unable to act (e.g., vacations, sickness), the licensee shall
       designate another person as the acting chief operator on a temporary
       basis. Additionally at (b)(3) Chief operators shall be employed or
       serve on the following basis: (3) The designation of the chief
       operator must be in writing with a copy of the designation posted with
       the station license. Agreements with chief operators serving on a
       contract basis must be in writing with a copy kept in the station
       files." At the May 29, 2012, inspection, AERS could not produce a
       written document designating a chief operator.

    g. 47 C.F.R. S 73.3527: Responsibility to maintain a file. "The following
       shall maintain for public inspection a file containing the material
       set forth in this section. (1) Applicants for a construction permit
       for a new station in the noncommercial educational broadcast services
       shall maintain a public inspection file containing the material,
       relating to that station, described in paragraph (e)(2) and (e)(11) of
       this section. A separate file shall be maintained for each station for
       which an application is pending. If the application is granted,
       paragraph (a)(2) of this section shall apply. (2) Every permittee or
       licensee of an AM, FM, or TV station in the noncommercial educational
       broadcast services shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(11) of this section. In addition, every permittee or
       licensee of a noncommercial educational TV station shall maintain for
       public inspection a file containing material, relating to that
       station, described in paragraphs (e)(12) of this section. A separate
       file shall be maintained for each station for which an authorization
       is outstanding, and the file shall be maintained so long as an
       authorization to operate the station is outstanding." At the May 29,
       2012, inspection AERS was unable to produce a complete public
       inspection file, producing only reproductions of a station
       authorization from the FCC database.

    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