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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