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

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Released: November 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Kenai Educational Media, Inc.
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File No.: EB-FIELDWR-13-00009787
Licensee of KIBH-FM
)
)
NOV No.: V201432780006
Seward, Alaska
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Facility ID: 176521

NOTICE OF VIOLATION

Released: November 7, 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 FM broadcast 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 noted herein.2
2.
On August 12, 2013, a Notice of Violation (August NOV) was issued to KEMI for
violations noted during a June 18, 2013, inspection. The August NOV was sent via United States Postal
Service (USPS) certified and first class mailings to KEMI at its address of record. The certified envelope
returned to the Anchorage Office unopened/unclaimed, on September 9, 2013. No response was received
to the August NOV. On September 12, 2013, a Warning for non-response sent to the President of KEMI
in Seward, AK, advising that a response to the August NOV was required and included a copy of the
August NOV. The Warning was also sent via USPS certified and first class mailings. Neither the first
class nor certified envelopes where returned. Therefore, the following violation was observed:
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.” No response to the August NOV has been received.
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


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).

Federal Communications Commission

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, detailed in the August NOV, 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,
(iii) must include a time line for completion of any pending corrective action(s), and (iv) must answer the
questions posed in paragraph 4 of the August NOV. 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 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,5 and confirming that all of the information requested by this Notice which is in
the permittee’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:
Federal Communications Commission
Anchorage Resident Agent Office
PO Box 231949
Anchorage, AK 99523-1949
6.
This Notice shall be sent to Kenai Educational Media, Inc., at its address of record.


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

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


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

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