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Seward Media Partners LLC, KSEW (AM), Seward, AK

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Released: November 21, 2013
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Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Seward Media Partners LLC

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File No.: EB

-

FIELDWR

-

1

3

-

000

10002

Licensee of

KS

EW (AM)

)

)

NOV No.:

V2014

3278

0010

Seward

, Alaska

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Facility ID:

72209

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NOTICE OF VIOLATION

Released: November 21, 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 Seward Media Partners LLC, (SMP) licensee of AM broadcast radio

station KSEW 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 August 13, 2013, a Notice of Violation was issued to SMP for violations noted during

a June 17, 2013, and June 18, 2013, site and main studio inspections (August Notice). The August Notice

was sent via USPS certified and first class mailings to the address of record. Both mailings were returned

to the Anchorage Office unopened, marked by USPS indicating the postal box was vacated (closed). On

August 29, 2013, a second August Notice mailing, first class and certified, to the owner of SMP at his

address of record, were also returned to the Anchorage Office unopened, marked by USPS indicating that

this postal box was also vacated (closed). Therefore, 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 AM 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 Notice has been received.

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

1 47 C.F.R. § 1.89.

2 47 C.F.R. § 1.89(a).

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Federal Communications Commission

Commission documents or correspondence delivered to this address will promptly

reach him or some person authorized by him to act in his behalf.” SMP failed to

furnish to the Commission a reliable address to ensure that Commission documents

would promptly reach SMP.

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, Seward Media Partners LLC 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). 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 Seward Media Partners LLC, to

support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and

dated by an authorized officer of Seward Media Partners LLC, with personal knowledge of the

representations provided in Seward Media Partners LLC 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:

Federal Communications Commission

Anchorage Resident Agent Office

PO Box 231949

Anchorage, AK 99523-1949

6.

This Notice shall be sent to Seward Media Partners LLC at its address of record.

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

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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).

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