Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************





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

                                  )
In the Matter of                   )
                                  )     File No. EB-02-SD-285
Charles R. Meeker                  )     NAL/Acct. No. 
Licensee of Station KDPX-LP        )     200332940002
Cathedral City, California         )     FRN: 000-619-9038
                                  )

            NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                   
                    Released:  January 31, 2003
By the Enforcement Bureau: San Diego Office

                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we find that Mr. Charles  R. Meeker (``Meeker''), the licensee of 
  Class  A  Television  Broadcast (``Class  A'')  station  KDPX-LP, 
  apparently willfully and repeatedly violated Section 11.35 of the 
  Commission's Rules  and Regulations  (``Rules''),1 by  failing to 
  ensure that  required Emergency Alert System  (``EAS'') equipment 
  was installed and operational.   We conclude, pursuant to Section 
  503(b) of the Communications Act  of 1934,2 as amended (``Act''), 
  that Mr. Charles R. Meeker is apparently liable for forfeiture in 
  the amount of eight thousand dollars ($8,000).

                          II.  BACKGROUND

2. On November  14, 2002, an agent from  the Federal Communications 
  Commission's (``FCC'')  San Diego  office attempted to  conduct a 
  routine inspection of the EAS  equipment of station KDPX-LP.  The 
  license  for  station  KDPX-LP  had  been  issued  to  Meeker  on 
  September 10, 2001.  The agent found no operational EAS equipment 
  at the main studio and the general manager advised that there was 
  no  EAS equipment  at  KDPX-LP's transmitter  site.  The  general 
  manager  of KDPX-LP  advised  the agent  that  the station's  EAS 
  equipment was taken out of  service many months ago.  However, no 
  evidence  or  documentation could  be  found  to verify  the  EAS 
  equipment condition nor  did the licensee maintain  a station log 
  of any previous EAS tests.   

                       III.      DISCUSSION

3. Section  503(b)  of   the  Act  provides  that  any  person  who 
  willfully or repeatedly 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.3  
The term ``willful'' as used in Section 503(b) has been interpreted 
to mean simply that  the acts or omissions  are committed knowingly 
and the term ``repeated''  means the commission or  omission of the 
act more than once or for more than one day.4

4. Commission   licensees   are   responsible   for   familiarizing 
  themselves and complying with  applicable statutes and Commission 
  Rules and policies, regardless of the length of time the licensee 
  has been  engaged in broadcasting.5   The Rules provide  that all 
  broadcast stations,  including Class  A television  stations, are 
  part  of  the  nationwide  EAS network  and  are  categorized  as 
  participating   as  national   EAS  sources   unless  a   station 
  affirmatively requests  authority to  not participate.6   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.7  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.8

5. The  Rules  specifically require  broadcast stations,  including 
  Class A television stations,9 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.10  The  Rules also  require broadcast 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.11    

6. If a broadcast  licensee's EAS equipment fails and must be taken 
  out for  service, the  Rules under  Section 11.35(b)  require the 
  licensee to note in the station log that the EAS equipment failed 
  and the reasons why the  failure occurred.  If the failure cannot 
  be corrected  within 60  days, the  Rules under  Section 11.35(c) 
  require the licensee to make  an informal request to the District 
  Director of the FCC field  office serving the area for additional 
  time to make necessary repairs.   This request must explain fully 
  why additional time is necessary and when repairs are expected to 
  be completed.  

7. At  the time of the  inspection, no EAS equipment  was installed 
  or operational at station KDPX-LP,  no log existed indicating any 
  required monthly  or weekly  EAS test had  ever been  received or 
  transmitted by  the station,  and no  log existed  indicating EAS 
  equipment failure.  The licensee admitted having no EAS equipment 
  installed or  operational at the  station for more than  60 days.  
  The FCC San Diego office  received no request for additional time 
  to repair  EAS equipment.   Based on the  evidence, we  find that 
  Meeker willfully  and repeatedly  violated Sections 11.35  of the 
  Rules by failing  to have EAS equipment  installed or operational 
  at the time of inspection on November 14, 2002, and for more than 
  two months prior to the inspection date.

8.    Pursuant to  The Commission's Forfeiture Policy Statement and 
  Amendment  of  Section  1.80  of the  Rules  to  Incorporate  the 
  Forfeiture  Guidelines,12  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.13   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

9. 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, Mr. Charles  R. Meeker, is hereby NOTIFIED  of an APPARENT 
  LIABILITY  FOR  A FORFEITURE  in  the  amount of  eight  thousand 
  dollars ($8,000) for violating  Section 11.35 of the Commission's 
  Rules and Regulations.14

10.  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,  Mr. Charles  R. Meeker,  SHALL PAY  the full 
  amount  of  the  proposed  forfeiture or  SHALL  FILE  a  written 
  statement  seeking  reduction  or cancellation  of  the  proposed 
  forfeiture.

11.  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  must include 
  the  FRN  number  and  must  also  note  the  NAL/Account  number 
  referenced in the caption. 

12.  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. number referenced in the caption. 

13.  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.

14.  Requests for  payment of  the full  amount of  this Notice  of 
  Apparent Liability under  an installment plan should  be sent to: 
  Chief, Revenue  and Receivable Operation Group,  445 12th Street, 
  S.W., Washington, D.C. 20554.15

15.  Under the Small Business Paperwork Relief Act  of 2002, Pub L. 
  No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in 
  a  two-year  tracking  process  regarding the  size  of  entities 
  involved in forfeitures.  If you qualify as a small entity and if 
  you wish to  be treated as a small entity  for tracking purposes, 
  please  so certify to  us within  thirty (30)  days of  this NAL, 
  either in your response to the  NAL or in a separate filing to be 
  sent  to  the   Federal  Communications  Commission,  Enforcement 
  Bureau, Technical  & Public Safety Division.   Your certification 
  should indicate whether you, including your parent entity and its 
  subsidiaries, meet one  of the definitions set forth  in the list 
  provided  by   the  FCC's   Office  of   Communications  Business 
  Opportunities (``OCBO'') set forth in Attachment A of this Notice 
  of  Apparent  Liability.   This  information  will  be  used  for 
  tracking purposes only.   Your response or failure  to respond to 
  this  question   will  have   no  effect   on  your   rights  and 
  responsibilities pursuant to  Section 503(b) of the  Act.  If you 
  have questions regarding the  information contained in Attachment 
  A, please contact OCBO at (202) 418-0990.

16.  IT IS FURTHER ORDERED  THAT this NOTICE OF  APPARENT LIABILITY 
  shall be  sent, by certified  mail, return receipt  requested, to 
  Mr. Charles R. Meeker, 530  Wilshire Blvd. #301, Santa Monica, CA  
  90401.

                                   FEDERAL COMMUNICATIONS 
COMMISSION



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

Enc:  Attachment AAttachment A

                                                       October 2002


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers

Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 C.F.R. 121.104 and 13 C.F.R.  121.106, respectively.

                  International Services
International Broadcast 
Stations
                                $12.5 Million in Annual 
                                    Receipts or Less






International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  11.35.
2 47 U.S.C.  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 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).  Section 312(f)(2) of the Act, 47 
U.S.C.  312(f)(2), which also applies to Section 503(b), provides: 
"[t]he term "repeated", when used with reference to the commission 
or omission of any act, means the commission or omission of such 
act more than once or, if such commission or omission is 
continuous, for more than one day.
5 See Bay Television, Inc., 10 FCC Rcd 11509 (1995) (rejecting 
licensee's request for lenient treatment because it had been on the 
air for barely six months.); Radio One Licensees, Inc., Memorandum 
Opinion and Order, DA 02-219 (Enf. Bur. Jan 31, 2002) (rejecting 
licensee's request for lenient treatment because the station had 
been acquired less than six months before, noting also that the 
licensee was an experienced broadcaster).
6 47 C.F.R.  11.11 and 11.41.
7 47 C.F.R.  11.1 and 11.21.
8 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.
9 47 C.F.R.  11.11.
10 47 C.F.R.  11.35.
11 47 C.F.R.  11.61.  The required monthly and weekly tests are 
required to conform with 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.).
12 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).
13 47 U.S.C.  503(b)(2)(D).
14 47 C.F.R.  0.111, 0.311, 1.80, 11.35.
15 See 47 C.F.R.  1.1914.