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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jean J. Suh ) File No. EB-FIELDWR-13-00009195
Licensee of Radio Station KSUH(AM) ) NOV No. V201332980019
Federal Way, Washington ) Facility ID# 32339
NOTICE OF VIOLATION
Released: July 03, 2013
By the Acting District Director, Seattle 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 Jean J. Suh, licensee of AM
station KSUH in Federal Way, Washington. 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 June 12, 2013, an agent of the Enforcement Bureau's Seattle Office
inspected station KSUH at its main studio at 200 333^rd St. Suite 100
Federal Way, Washington. The agent observed the following violations:
a. 47 C.F.R. S 73.3526(e)(6): "Political file. Such records are required
by S 73.1943 to be kept concerning broadcasts by candidates for
public office. These records shall be retained for the period
specified in S 73.1943." During the inspection on June 12, 2013 the
file did not contain the information required by S 73.1943.
b. 47 C.F.R. S 73.3526(e)(8): "The public and broadcasting. At all
times, a copy of the most recent version of the manual entitled "The
Public and Broadcasting." During the inspection on June 12, 2013
there was no copy of "The Public and Broadcasting" in the public
file.
c. 47 C.F.R. S 73.1870(b)(3): " The designation of the chief operator
must be in writing with a copy of the designation posted with the
station license. Agreements with the chief operators serving on a
contract must be in writing with a copy kept in the station files."
During the inspection on June 12, 2013 there was no posted chief
operator designation nor was a copy readily available.
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, Jean J. Suh 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 Jean J. Suh to
support their response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Jean J. Suh with personal knowledge of the representations provided in
Jean J. Suh'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 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
Seattle District Office
11410 NE 122^nd Way, Suite 312
Kirkland, Washington 98034
6. This Notice shall be sent to Jean J. Suh, at their 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
Leo Cirbo
Acting District Director
Seattle District 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
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Federal Communications Commission