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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
                                 )
Jean J. Suh,                     )
d/b/a Radio Hankook              ) File Number:  EB-01-ST-091
Licensee of Station KSUH AM      ) NAL/Acct. No. 200232980001
Puyallup, Washington             ) FRN  0006-1414-02
Licensee of Station KWYZ AM,
Everett, Washington



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  August 28, 
          2002 

By the District Director, Seattle Office, Enforcement Bureau:

                        I.  INTRODUCTION


     1.In  this  Notice  of  Apparent  Liability  for  Forfeiture 
("NAL"),  we  find  that  Jean  J.  Suh,  d/b/a  Radio   Hankook, 
(``Suh''),  licensee  of  sStations   KSUH  (AM),  in   Puyallup, 
WashingtonA and station KWYZ  (AM) in, Everett WashingtonA.,  has 
apparently  willfully  violated  the  Sections  11.35(a),  11.61, 
17.4(g) and  17.50  of  the following  Sections  of  the  Federal 
Communications Commission's ("FCC") Rules  by : failing  11.35(a) 
(Failure to  have  operational  Emergency  Alert  System  ("EAS") 
equipment), failing to  conduct required weekly  and monthly  EAS 
tests,  failing  to  ;  17.4(g)  (Failure  to  post  the  Antenna 
Structure Registration (``ASR'') number in a conspicuous location 
so that it is visible near  the base of the antenna  structure,); 
and 1failing  7.50  (Failure  to  clean  or  repaint  an  antenna 
structures as often  as necessary to  maintain good  visibility.1  
We conclude, pursuant to Section 503(b) of the Communications Act 
of 1934,  as  amended  (``Act''),2  that  Suh  is   that  Suh  is 
apparently liable for a a forfeiture in the amount of twenty  two 
thousand dollars ($22,000).

                         II.  BACKGROUND

     2.On  March  16,  2001,  the  Seattle  Office  received   an 
anonymous report of  alleged violations of  FCC Rules at  station 
radio station KSUH(AM).  Agents from the Seattle District  Office 
attempted to conduct an  inspection of the  station on March  29, 
2001.  No ASR number was posted at the base of the KSUH tower and 
the paint  on  the  structure  was peeling  and  faded.   Due  to 
language barriers  with  KSUH  staff, the  agents  postponed  the 
inspection of the studio.   On April 27,  2001, the agents  again 
attempted an inspection of  the studio.  The  station was in  the 
process of moving its  studio at that  time.  The agents  advised 
the station  owner regarding  EAS requirements  and provided  the 
owner  a  copy  of  the  AM  Broadcast  Station   Self-Inspection 
checklist, but did not attempt a further inspection of the studio 
on April 27, 2001.  

     3.On May  3, 2001, agents from  the Seattle District  Office 
inspected the transmitter  site of station  KWYZ.  No ASR  number 
was posted at the base of the KWYZ tower. 

     1.On November 30, 2001,  owned and operated by Jea
     1.On March 29, 2001,  Agents from the  Seattle Office measured  the 
fundamental  carrier  and  harmonics  at  the  Puyallup  location 
(KSUH).  Tower paint  was peeling  and faded.  There  was no  ASR 
posted.
     1.
     4.On  November 30,  2001, Seattle  Agents re-inspected  both 
the transmitter  towers for  stations KSUH  and Everett  location 
(KWYZ.  No ). No ASR was posted at the base of either tower.  The 
paint on  the  KSUH  tower  was still  peeling  and  faded.   The 
sidelights on the KWYZ tower were not operational.  .  

     1.Also on  November 30, 2001,  the Seattle agents  inspected 
the new co-located KSUH/KWYZ studio.  EAS equipment was installed 
at the  studio,  but  the  EAS  equipment  was  not  functionally 
operable.  The equipment  was set in  the manual mode,  requiring 
operator interface to conduct any EAS test.  The operator on duty 
at the time of  the inspection was unable  to perform a  required 
weekly test of  the EAS equipment.   No tape used  to record  EAS 
tests was installed in the EAS equipment, and no logs existed  of 
any  EAS  monthly  or  weekly  tests  having  been  received   or 
retransmitted at  any  time  during  the  past  year.   Still  On 
November 30, 2001, Agents inspected the Puyallup location (KSUH). 
Tower paint was peeling and faded.  There was no ASR posted. 
     1.
     5.Still On November  30, 2001, Agents inspected the  station 
control point/studio  located in  Federal Way,  Washington.   The 
station operator

     6.On January  22, 2002, the  Seattle District Office  issued 
an Official Notice  of Violation (``NOV'')  to Suh regarding  the 
stations' violations of the  FCC Rules requiring operational  EAS 
equipment  and  EAS  tests,  ASR  posting,  tower  lighting   and 
painting, annual equipment performance measurements, a designated 
chief operator, station  logs, and specified  information in  the 
station public inspection file.  Suh stated in her March 12, 2002 
reply to the NOV that the EAS equipment was rewired to facilitate 
automatic rebroadcast of received EAS tests and broadcasts, a log 
has been established,  the ASR  numbers have been  posted at  the 
towers, that samples to monitor the lights on the KSUH tower have 
been added and the  bulbs on the KWYZ  tower are being  replaced.  
Suh also stated in her March 12, 2002 reply that an estimate  had 
been obtained for painting the KSUH tower, but made no commitment 
to paint the tower.  Rather, Suh stated that ``Radio Hankook does 
not own  the antenna  structure  and is  trying  to get  help  to 
relieve some  of the  financial  impact this  has caused  so  the 
painting can be done in as timely a manner as possible.''  

     7.The ASR for the  KSUH tower, ASR # 1033592, lists Jean  J. 
Suh d/b/a Radio Hankook as the owner.  An administrative  update, 
Application A0222778, filed November 21, 2002, also lists Jean J. 
Suh d/b/a Radio Hankook as the structure's owner and Jean J. Suh, 
sole proprietor as the authorized party for the structure.  


                         III. DISCUSSION

     8.Section 503(b)  of the  Act provides that  any person  who 
willfully fails  to  comply  substantially  with  the  terms  and 
conditions of any license, or willfully fails to comply with  any 
of the provisions of the Act or of any rule, regulation or  order 
issued by  the  Commission  thereunder, shall  be  liable  for  a 
forfeiture penalty.3   The  term  "willful" as  used  in  Section 
503(b) has  been interpreted  to  mean simply  that the  acts  or 
omissions are committed knowingly.4

     9.The Rules provide  that every AM and FM broadcast  station 
is part of  the nationwide EAS  network and is  categorized as  a 
participating   national   EAS   source   unless   the    station 
affirmatively requests authority  to not  participate.5  The  EAS 
provides the President and state  and local governments with  the 
capability to provide immediate and emergency communications  and 
information to the general public.6   State and local area  plans 
identify  local  primary  sources  responsible  for  coordinating 
carriage of common  emergency messages from  sources such as  the 
National  Weather   Service   or   local   emergency   management 
officials.7 

     10.  Section 11.35  of  the  Rules  requires  all  broadcast 
stations to ensure that EAS encoders, EAS decoders and  attention 
signal  generating  and  receiving  equipment  is  installed  and 
operational so that the monitoring and transmitting functions are 
available during the times the station is in operation.   Section 
11.61 of the Rules  requires AM stations  to (a) receive  monthly 
EAS  tests  from  designated   local  primary  EAS  sources   and 
retransmit the monthly test within 60 minutes of its receipt  and 
(b) conduct tests of the EAS header and EOM codes at least once a 
week at random  days and times.8   The requirement that  stations 
monitor, receive and  retransmit the required  EAS tests  ensures 
the operational integrity of  the EAS system in  the event of  an 
actual disaster.  Based on the  evidence before us, we find  that 
Suh willfully violated Sections 11.35  and 11.61 of the Rules  by 
failing to have functionally operable EAS equipment installed  at 
stations KSUH and KWYZ  and by failing  to transmit the  required 
monthly and weekly EAS tests.  

     1.The FCC's antenna structure registration posting,  marking 
and lighting requirements operate in concert with FAA regulations 
to ensure that antenna structures  do not present hazards to  air 
navigation.   Section  17.4(g)  Section  11.35(a)  of  the  Rules 
requires broadcast stations to  have EAS equipment installed  and 
operational so that the monitoring and transmitting functions are 
available during times the station and systems are in operation. 
     1.
     1.Sof the Rules requires that the ASR number be posted in  a 
conspicuous location so that it is readily visible near the  base 
of the antenna  structure.  The posting  requirement allows  easy 
contact with the  structure owner if  problems arise.  .  Section 
17.50 of  the Rrules  requires  that painted  antenna  structures 
shall be cleaned or repainted  as often as necessary to  maintain 
good visibility.  Based 
     1.
     11.   Based  on the  evidence before  us, we  find that  Suh 
violated Section 11.35(a)  of the  Rules by  failing to  maintain 
operational EAS  equipment.   We  also  find  that  Suh  violated 
Sections 17.4(g) and 17.50 of the Rules byit failing to post  the 
ASR numbers at the each antenna structures for both station  KSUH 
and station KWYZ,  and failing to maintain good visibility of the 
KSUH an antenna structure. 

     12.  The base  forfeiture  amount set  by  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd  17087 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy 
Statement'')9, and  Section 1.80(b)(4)  of the  Rules,10 for  EAS 
equipment not installed or operational is $8,000, and for failure 
to comply with prescribed  antenna structure lighting or  marking 
(painting) is $10,000.  The Forfeiture Policy Statement does  not 
establish a  base  forfeiture  amount for  failure  to  post  the 
antenna  structure  registration  number.   The  Commission   has 
determined, however, that an  appropriate base forfeiture  amount 
for failure  to  post the  ASR  number is  two  thousand  dollars 
($2,000) per violation.11. Accordingly, the total base forfeiture 
for  failing  to  have  operational  EAS  equipment,  failure  to 
maintain good  visibility of  the antenna  structure for  station 
KSUH and failure to post the ASR numbers at both station  antenna 
structures is $22,000.  

     13.  In assessing the  monetary forfeiture  amount, we  must 
also take into account the statutory factors set forth in Section 
503(b)(2)(D)  of   the   Act12,  which   includes   the   nature, 
circumstances, extent, and gravity of the violation(s), and  with 
respect to the violator, the  degree of culpability, and  history 
of prior  offenses, ability  to pay,  and other  such matters  as 
justice may require.   Applying the  Forfeiture Policy  Statement 
and  the  statutory  factors  to  the  instant  case,  a  $22,000 
forfeiture is warranted. 

                                
                      IV.  ORDERING CLAUSES


     14.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended,  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Jean J. 
Suh d/b/a  Radio  Hankook, is  hereby  NOTIFIED of  its  APPARENT 
LIABILITY FOR A FORFEITURE in  the amount of twenty two  thousand 
dollars ($22,000) for violations of Sections 11.35, 17.4(g),  and 
17.50 of the Rules.13

     15.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NOTICE OF APPARENT LIABILITY, Jean J. Suh SHALL PAY the full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     16.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200232980001 and FRN 0006-1414-02.

     17.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20402 and MUST INCLUDE THE NAL/Acct. No. 200232980001.  

     18.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 
submitted.  

     19.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.14 

     20.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be  sent by Certified  Mail # 7001  2510 
0007 6500 1001, Return Receipt  Requested, to Jean J. Suh,  d/b/a 
Radio Hankook, 807  South 336th Street,  Federal Way,  Washington 
98030.


                              FEDERAL COMMUNICATIONS COMMISSION

                         

                              Dennis Anderson
                              District Director, Seattle Office
_________________________

1 47 C.F.R 11.35, 11.61, 17.4(g), and 17.50.

2 47 U.C.S.  503(b).

3 47 U.S.C.  503(b).

4 Section  312(f)(1) of  the Act,  47 U.S.C.   312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act,  provides that "[t]he term  'willful', 
when used with  reference to  the commission or  omission of  any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision  of 
this Act ?."  See Southern California Broadcasting Co., 6 FCC  Rcd 
4387 (1991).

5 47 C.F.R.  11.11 and 11.41.

6 47 C.F.R.  11.1 and 11.21.

7 47 C.F.R.  11.18.  State EAS plans contain guidelines that 
must be followed by broadcast and cable personnel, emergency 
officials and National Weather Service personnel to activate the 
EAS for state and local emergency alerts.  The state plans 
include the EAS header codes and messages to be transmitted by 
the primary state, local and relay EAS sources.

8 The required monthly and weekly tests are required to conform 
to the procedures in the EAS Operational Handbook.  See also, 
Amendment of Part 11 of the Commission's Rules Regarding the 
Emergency Alert System, EB Docket No. 01-66, Report and Order, 
FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502 (April 16, 2002) 
(effective May 16, 2002, the required monthly EAS test must be 
retransmitted within 60 minutes of receipt.).

9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

10 47 C.F.R.  1.80.

11 See American Tower Corporation, 16 FCC Rcd 1282 (2001).

12 47 U.S.C.  503(b)(2)(D).

13 47 U.S.C.  503(b); 47 C.F.R.  0111, 0.311, 1.80, 11.35, 
17.4(g) and 17.50. 

14 See 47 C.F.R.  1.1914.