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Alaska Educational Radio System, Inc., KABN-FM, Kasilof, 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-12-00005275
Licensee of KABN-FM
NOV No.: V201332780019
Kasilof, Alaska
Facility ID: 93588


Released: May 16, 2013

By 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
KABN-FM in Kasilof, 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, while performing broadcast inspections of AERS Station KRAW(FM),
serving Kasilof, Alaska, and AERS Station KWMD(FM), serving Sterling, Alaska, agents from the
Enforcement Bureau’s Anchorage Offices observed that Station KABN-FM was off the air. After
attempting to follow up with AERS staff on the operating status of Station KABN-FM, the Anchorage
Office, on November 9, 2012, issued a Letter of Inquiry (LOI) to AERS attempting to ascertain the
operational status of KABN-FM transmission facilities 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 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.

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

Federal Communications Commission

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.
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
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:

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.

Federal Communications Commission

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.
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).

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