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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554

                                  )
In the Matter of                   )
                                  )
Class A TV Station KLHU-CA         )     File No. EB-02-SD-033
TV 45 Productions, Inc.            )     NAL/Acct. No. 
1600 W. Acoma Boulevard, Suite 36  )     200232940003
Lake Havasu City, AZ 86403         )     FRN #: 0004-0823-76
                                  )




            NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  March 13, 2002                                    
Released:  March 13, 2002

By the Enforcement Bureau: San Diego Office


                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we  find TV  45 Productions,  Inc. (``TV  45''), the  licensee of 
  Class  A  TV  station  KLHU-CA   Lake  Havasu  City,  Arizona  is 
  apparently liable for a forfeiture, pursuant to Section 503(b) of 
  the  Communications  Act  of  1934,1 as  amended  (``Act''),  for 
  apparently  willfully and  repeatedly violating  Section 11.35(a) 
  and  Section  11.61 of  the  Commission's  Rules and  Regulations 
  (``Rules'')2 by  failing to ensure that  required Emergency Alert 
  System (``EAS'') equipment was  installed and operational, and by 
  failing  to conduct  required  weekly and  monthly  EAS tests  at 
  station KLHU-CA.   We conclude that  TV 45 Productions,  Inc., is 
  apparently liable for forfeiture in  the amount of eight thousand 
  dollars ($8,000).


                          II.  BACKGROUND

2. On  January 30, 2002,  an agent from the  Federal Communications 
  Commission's (``FCC'')  San Diego office attempted  to conduct an 
  inspection of EAS equipment and records at the studio location of 
  Class A TV  station KLHU-CA.  The studio was found  to be located 
  at 1600 W. Acoma Boulevard,  Suite 36, Lake Havasu City, Arizona.  
  During the inspection of station  KLHU-CA the agent found that TV 
  45 did not  have any EAS equipment installed.   Because there was 
  no EAS  equipment installed,  the station  could not  monitor EAS 
  transmissions    from   designated    sources,   originate    EAS 
  transmissions or  retransmit EAS transmissions.  In  addition, TV 
  45  did not  maintain or  make available  for inspection  any EAS 
  records.

3. During  the  inspection  Mr.  James  W. Husted,  the  owner  and 
  president of  TV 45, advised  the agent that station  KLHU-CA had 
  purchased the  necessary EAS equipment  but that it had  not been 
  installed.  Mr. Husted told the agent that he had obtained an EAS 
  unit  for the  station but  it was  stored in  the corner  of the 
  associated warehouse.  He also stated  that this station had only 
  recently become a Class A TV station, so he did not have the time 
  to set up the EAS unit yet. 

4. Upon return to  the San Diego office, the agent examined the FCC 
  database and  found that the  first authorization for Class  A TV 
  status for  KLHU-CA (then authorized  under the call  sign K45AJ) 
  had been issued  on February 6, 2001, nearly one  year before the 
  inspection.  


                       III.      DISCUSSION

5. Section  503(b)  of   the  Act  provides  that  any  person  who 
  willfully3 or repeatedly4 fails  to comply substantially with the 
  terms and conditions  of any license, or  willfully or repeatedly 
  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.  It is  not pertinent 
  whether or not  the licensee's actions or  omissions are intended 
  to violate the law.

6. The  Rules  require broadcast  stations,  including  Class A  TV 
  stations,5  to   install  and  make  operational   EAS  equipment 
  (encoders, decoders,  attention signal generators  and receivers) 
  so  that  monitoring  and transmitting  functions  are  available 
  during  the times  whenever the  station is  in operation.6   The 
  Rules  also require  broadcast  stations to  receive monthly  EAS 
  tests from  designated local primary EAS  sources, retransmit the 
  monthly test within  15 minutes of its receipt  and conduct tests 
  of the EAS  header and EOM codes  at least once a  week at random 
  days and  times.7  A  broadcast station  licensed for  nearly one 
  year has  had adequate time  to secure and install  the necessary 
  EAS equipment.8

7. Based  on the evidence  before us, we  find that on  January 30, 
  2002, TV 45 Productions,  Inc., willfully and repeatedly violated 
  Sections 11.35(a) and 11.61 of the  Rules, by failing to have EAS 
  equipment  properly   installed  at   station  KLHU-CA   so  that 
  monitoring  and  transmitting  functions were  available  and  by 
  failing to  conduct the  required monthly  and weekly  EAS tests.  
  Pursuant  to The  Commission's  Forfeiture  Policy Statement  and 
  Amendment  of  Section  1.80  of the  Rules  to  Incorporate  the 
  Forfeiture  Guidelines,9  the  base  forfeiture  amount  for  EAS 
  equipment not  installed or operational is  $8,000.  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 
  Act, which include the nature, circumstances, extent, and gravity 
  of the violation(s), and with respect to the violator, the degree 
  of culpability,  any history of  prior offenses, ability  to pay, 
  and other  such matters  as justice  may require.10   In applying 
  Section 1.80(b)(4) of the Rules  and the statutory factors to the 
  instant  case, we  find  no compelling  evidence  to support  any 
  adjustments to  the base forfeiture amounts.   Therefore, a total 
  forfeiture in the amount of $8,000 is warranted. 


                       IV.  ORDERING CLAUSES

8. Accordingly, IT  IS ORDERED THAT, pursuant to  Section 503(b) of 
  the Act, and  Sections 0.111, 0.311 and 1.80  of the Commission's 
  Rules,11  TV  45 Productions, Inc.,  is hereby NOTIFIED  of their 
  APPARENT  LIABILITY  FOR A  FORFEITURE  in  the amount  of  eight 
  thousand  dollars ($8,000)  for violating  Sections 11.35(a)  and 
  11.61 of the Commission's Rules and Regulations.12  

9. IT  IS FURTHER  ORDERED THAT,  pursuant to  Section 1.80  of the 
  Rules, within thirty  days of the release date of  this NOTICE OF 
  APPARENT LIABILITY, TV  45 Productions, Inc., SHALL  PAY the full 
  amount  of  the  proposed  forfeiture or  SHALL  FILE  a  written 
  statement  seeking  reduction  or cancellation  of  the  proposed 
  forfeiture.

10.  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/Account No. 200232940003 and FRN # 0004-0823-76.

11.  The response, if any, must be mailed to Federal Communications 
  Commission,  Enforcement  Bureau,  Technical  and  Public  Safety 
  Division, 445  12th Street, S.W.,  Washington, DC 20554  and MUST 
  INCLUDE THE NAL/Acct. No. 200232940003. 

12.  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;  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.

13.  Requests for  payment of  the full  amount of  this Notice  of 
  Apparent Liability under  an installment plan should  be sent to: 
  Chief, Credit and Debt Management  Center, 445 12th Street, S.W., 
  Washington, D.C. 20554.13

14.  IT IS FURTHER ORDERED  THAT this NOTICE OF  APPARENT LIABILITY 
  shall be sent, by certified mail, return receipt requested, to TV 
  45 Productions,  Inc., 1600  W. Acoma  Boulevard, Suite  36, Lake 
  Havasu City, AZ 86403.



FEDERAL COMMUNICATIONS COMMISSION





                                        William R. Zears Jr.
                                        District Director
                                        San Diego Office 
_________________________

1 47 U.S.C.  503(b). 
2 47 C.F.R.  11.35(a) and 11.61 
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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). 
4 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`repeated' ... means the commission or omission of such act more 
than once or, if such commission or omission is continuous, for 
more than one day.'' See Southern California Broadcasting Co., 6 
FCC Rcd 4387 (1991).
5 47 C.F.R.  11.11.
6 47 C.F.R.  11.35.
7 47 C.F.R.  11.61.  The required monthly and weekly tests must 
conform with the procedures in the EAS Operational Handbook.
8 See e.g., Radio One Licenses, Inc., Memorandum Opinion and Order, 
DA 02-219 (Enf. Bur. Jan. 31, 2002); Rego Inc., Forfeiture Order, 
DA 01-2177 (Enf. Bur. Sept 19, 2001).
9 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).
10 47 U.S.C.  503(b)(2)(D).
11 47 C.F.R.  0.111, 0.311, 1.80.
12 47 C.F.R.  11.35(a) and 11.61.
13 47 C.F.R.  1.1914.