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Kenai Educational Media, Inc., KIBH-FM, Seward, AK

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Released: August 12, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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)
Kenai Educational Media, Inc.
)
File No.: EB-FIELDWR-13-00009787
Licensee of KIBH-FM
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NOV No.: V201332780025
Seward, Alaska
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Facility ID: 176521
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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)1 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
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 4th Ave., Seward,
Alaska. The Anchorage agent observed the following violations:
a. 47 C.F.R. 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. 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


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

Federal Communications Commission

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. 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. 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."3 The Commission has defined a minimally
acceptable "meaningful presence" as full-time managerial and full-time staff
personnel.4 The main studio inspection of June 18, 2013, found only a volunteer
staff member at the main studio.
e. 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 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. 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. 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


3 Main Studio and Program Origination Rules, Memorandum Opinion and Order, 3 FCC Rcd 5024, 5026 (1988).
4 Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd
6800 (1992).
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Federal Communications Commission

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. 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. 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,5 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.6 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


5 47 U.S.C. 308(b).
6 See File No. BSTA-20130424AAG, granted April 25, 2013, expiring October 22, 2013.
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Federal Communications Commission

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.7
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,8 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.9
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 197410 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


7 47 C.F.R. 1.89(c).
8 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.
9 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.
10 P.L. 93-579, 5 U.S.C. 552a(e)(3).
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