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Alaska Educational Radio System, Inc., KHOH(FM), Seldovia, AK

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Released: May 16, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Alaska Educational Radio System, Inc.
)
File No.: EB-FIELDWR-12-00005274
Licensee of KHOH(FM)
)
)
NOV No.: V201332780018
Seldovia, Alaska
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)
Facility ID: 176163
)

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)1 to Alaska Educational Radio System, Inc., (AERS) licensee of radio station
KHOH(FM) in Seldovia, 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
2.
In May 2012 and September 2012, agents from the Enforcement Bureau’s Anchorage
Office, while in Homer, Alaska, determined that an unmodulated signal was present on 88.1 MHz and
appeared to be originating in Seldovia, Alaska, across the bay from Homer, Alaska. Research by the
Anchorage agents revealed that AERS is the licensee of Station KHOH(FM) operating on 88.1 MHz with
a community of license in Seldovia, Alaska. Further research showed no local or toll-free telephone
number for Station KHOH(FM) and no listing of a main studio for the station. On November 9, 2012, the
Anchorage Office issued a Letter of Inquiry (LOI) to AERS to gather information regarding the Station
KHOH(FM) facilities in Seldovia and related matters. 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 21, 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. § 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 § 1.17 of


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

this chapter.” AERS failed to respond to a LOI and subsequent warning letters
from the Anchorage Office.
b. 47 C.F.R. § 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.
3.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 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
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,5 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
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:


3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

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 19747 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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