Alaska Educational Radio System, Inc., KWMD(FM), Sterling, AK
Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554In the Matter of
Alaska Educational Radio System, Inc.
File No.: EB-FIELDWR-12-00005263
Licensee of KWMD(FM)
NOV No.: V201332780021
Facility ID: 93589
NOTICE OF VIOLATION
Released: May 16, 2013By the Anchorage Resident Agent Office, Anchorage, Alaska, Western Region, Enforcement Bureau:
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
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. § 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
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
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
Federal Communications Commissionthat 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. § 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. § 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. § 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. § 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.
Federal Communications Commissiong. 47 C.F.R. § 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.
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
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
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.
Federal Communications Commissionthis 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
This Notice shall be sent to Alaska Educational Radio System, Inc., at its address of
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
Anchorage Resident Agent Office
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
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