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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.


   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


                       Federal Communications Commission