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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Kenai Educational Media, Inc. ) File No.: EB-FIELDWR-13-00009787
Licensee of KIBH-FM )
) NOV No.: V201332780025
Seward, Alaska )
) Facility ID: 176521
)
NOTICE OF VIOLATION
Released: August 12, 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 Kenai Educational Media, Inc.,
(KEMI) licensee of radio station KIBH-FM with a community of service
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(s) noted herein.^
2. On June 18, 2013, an agent of the Enforcement Bureau's Anchorage
Office inspected KIBH-FM at the location that KEMI indicated was the
designated main studio, 222 4^th Ave., Seward, Alaska. The Anchorage
agent observed the following violations:
a. 47 C.F.R. S 11.15: "The EAS Operating Handbook states in summary form
the actions to be taken by personnel at EAS Participant facilities
upon receipt of an EAN, an EAT, tests of State and Local Area alerts.
A copy of the Handbook must be located at normal duty positions or EAS
equipment locations when an operator is required to be on duty and be
immediately available to staff responsible for authenticating messages
and initiating actions." The inspection of June 18, 2013, found no EAS
Operating Handbook.
b. 47 C.F.R. S 11.35(a): "EAS Participants are responsible for ensuring
that EAS Encoders, EAS Decoders, Attention Signal generating and
receiving equipment, and Intermediate Devices used as part of the EAS
to decode and/or encode messages in the EAS Protocol and/or the Common
Alerting Protocol are installed so that the monitoring and
transmitting functions are available during the times the stations and
system are in operation." The inspection of June 18, 2013, found that
the programming and identification of the EAS device/system was for
another broadcast station, KWAP (AM) in Wasilla, AK in the
Matanuska-Susitna Borough operational area, and not for the KIBH-FM
station in the Kenai Peninsula Borough operational area. The KEMI
representative stated that the EAS device/system came from the Wasilla
station and was awaiting firmware and software updates from the
manufacturer. The EAS system printer indicated that the system was
activated/started May 18, 2013.
c. 47 C.F.R. S 11.52(d)(1): "With respect to monitoring for EAS messages
that are formatted in accordance with the EAS Protocol, EAS
Participants must monitor two EAS sources." The inspection of June 18,
2013, found that KIBH-FM EAS system was monitoring only one (1) source
for EAS messaging, National Weather Service (NWS, Seward).
d. 47 C.F.R. S 73.1125(a): "... each AM, FM, and TV broadcast station
shall maintain a main studio at one of the following locations: (1)
Within the station's community of license; (2) At any location within
the principal community contour of any AM, FM or TV broadcast station
licensed to the station's community of license; or (3) Within
twenty-five miles from the reference coordinates of the center of its
community of license..." "A station must equip the main studio with
production and transmission facilities that meet applicable standards,
maintain continuous program transmission capability, and maintain a
meaningful management and staff presence."^ The Commission has defined
a minimally acceptable "meaningful presence" as full-time managerial
and full-time staff personnel.^ The main studio inspection of June 18,
2013, found only a volunteer staff member at the main studio.
e. 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 June 18, 2013,
found no documents of any instrument of authorization posted, or in a
binder, and available for inspection for KIBH-FM operations.
f. 47 C.F.R. S 73.1400: "The licensee of an AM, FM, TV or Class A TV
station is responsible for assuring that at all times the station
operates with tolerances specified by applicable technical rules
contained in this part and in accordance with the terms of the station
authorization." The inspection of June 18, 2013, found that access to
the transmission facilities is restricted to specific hours of the
day, six days of the week, and no automated system (ATS) or remote
control facility was installed.
g. 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." At the
June 18, 2013, inspection, the KEMI representative could produce no
records for the station's operation (equipment, transmitter,
calibrations, or EAS, etc.) for the prior two years.
h. 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. . . . (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 chief operators serving on a contract basis
must be in writing with a copy kept in the station files." At the June
18, 2013, inspection, the KEMI representative could not produce a
written document designating a chief operator.
i. 47 C.F.R. S 73.3527(a): Responsibility to maintain a file (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
June 18, 2013, inspection, the KEMI representative was unable to
produce a complete public inspection file, producing a plastic
portable file cabinet with approximately 25 green file folders of
which only one folder was marked for and had documents/applications
incorporated for KIBH-FM.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. We also must investigate
violations of other rules that apply to broadcast licensees.
4. 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,
Kenai Educational Media, 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). In addition, based on
the Anchorage agent's observations of the transmission line length,
antenna in use, and power amplifier, KEMI is not fulfilling the
requirements of the existing special temporary authority (STA), for
KIBH-FM.^ We also direct KEMI to provide a complete explanation,
along with any relevant documents, as to when the KIBH-FM power
amplifier stopped operating; the timeline for completing repairs and
restoring KIBH-FM facilities under the STA; the manufacturer make,
model and gain of the antenna at the STA location; and the
manufacturer make, model, and the length of the transmission line from
the transmitter to the antenna to the nearest foot. The response to
all the inquiries raised in this Notice must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.^
5. In accordance with Section 1.16 of the Rules, we direct Kenai
Educational Media, 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 Kenai Educational Media, Inc., with
personal knowledge of the representations provided in Kenai
Educational Media, 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.^
6. 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
7. This Notice shall be sent to Kenai Educational Media, Inc., at its
address of record.
8. 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
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ Main Studio and Program Origination Rules, Memorandum Opinion and
Order, 3 FCC Rcd 5024, 5026 (1988).
^ Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).
^ 47 U.S.C. S 308(b).
^ See File No. BSTA-20130424AAG, granted April 25, 2013, expiring October
22, 2013.
^ 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