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

                                  )
In the Matter of                   )
                                  )     File No. EB-02-SD-288
Playa Del Sol Broadcasters         )     NAL/Acct. No. 
Licensee of Station KRCK-FM        )     200332940004
Mecca, California                  )     FRN: 000-425-6426
                                  )

            NOTICE OF APPARENT LIABILITY FOR FORFEITURE

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

                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we find that Playa Del  Sol Broadcasters (``Playa Del Sol''), the 
  licensee  of  broadcast  station  KRCK-FM,  apparently  willfully 
  violated Sections  11.35, 11.61  and 73.1125 of  the Commission's 
  Rules (``Rules''),1 by failing  to ensure that required Emergency 
  Alert System  (``EAS'') equipment was operational,  by failing to 
  conduct  required tests  of the  station's EAS  equipment and  by 
  failing to maintain  a local main studio.   We conclude, pursuant 
  to Section 503(b)  of the Communications Act of  1934, as amended 
  (``Act''),2 that Playa Del  Sol Broadcasters is apparently liable 
  for  forfeiture  in  the   amount  of  fifteen  thousand  dollars 
  ($15,000).

                          II.  BACKGROUND

2. Playa  Del Sol was  issued a license  to serve the  community of 
  Mecca, California, on June 20, 2001, under call sign KRCK-FM.  On 
  November  13,  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  KRCK-FM.  
  However, the agent  was unable to locate a studio  for KRCK-FM in 
  the Palm  Springs - Mecca,  California, area.  The  agent checked 
  the  local  telephone  directories   and  called  the  toll  free 
  telephone directory assistance operator  for a contact number for 
  KRCK-FM  and Playa  Del  Sol,  but none  was  listed.  The  agent 
  contacted Playa  Del Sol requesting  the location of  the KRCK-FM 
  main studio.  Playa  Del Sol responded that  the main transmitter 
  site  was  serving  as  the  main  studio  pending  the  expected 
  completion of construction  of a new main studio  in Palm Desert, 
  California, on or before December 1, 2002.        

3. On December 2,  2002, two agents from the FCC's San Diego office 
  attempted to conduct an  inspection at KRCK-FM's nearly completed 
  studio in  Palm Desert,  California.  The  agents found  no staff 
  present at the new studio.   The agents contacted Playa Del Sol's 
  owner/general  manager via  the telephone  numbers listed  on the 
  outside of the studio door.  Playa Del Sol's owner met the agents 
  at the new  studio later that day.  He  advised that construction 
  of  the new  studio would  be completed  by next  week.  He  also 
  advised that the station's EAS equipment was and had been located 
  for the past year at the  old main studio at the transmitter site 
  near  Mecca,  California.  He  further  stated  that because  the 
  studio in Mecca,  California, was not easily  accessible, most of 
  their listeners would contact KRCK-FM  via their toll free number 
  or their  website which both were  announced frequently over-the-
  air.  

4. Later  on  December  2, 2002,  accompanied  by  Playa Del  Sol's 
  owner,  the  agents inspected  the  KRCK-FM  transmitter site  in 
  Mecca,  California.  The  transmitter building  was located  on a 
  dirt  road, with  a locked  fence  blocking the  entrance and  no 
  apparent public access  to the building.  The  owner provided the 
  agents access to the transmitter building.  There was no evidence 
  that  any main  studio had  been present.   There were  no desks, 
  phones, or restroom facilities  in the small windowless building.  
  The  general manager  acknowledged that  no main  studio actually 
  existed at the transmitter site.  

5. The  station's  EAS  equipment  was,  however,  located  at  the 
  transmitting  site.   No formal  station  log  of EAS  tests  was 
  maintained  and the  automatic printouts  from the  EAS equipment 
  served  as the  station  log.  The  printouts  indicated the  EAS 
  equipment was out of service  from December 30, 2001, until March 
  10, 2002.  No records existed  regarding any attempt by Playa Del 
  Sol  to determine  the cause  of the  EAS equipment  failure.  No 
  request for additional  time to repair the  KRCK-FM EAS equipment 
  was ever received by the San Diego FCC office.  

6. The EAS printouts  revealed Playa Del Sol did not retransmit any 
  required monthly tests  at KRCK-FM during the  calendar year 2002 
  and only  received one  required monthly  test during  2002.  The 
  printouts  also  reveal that  Playa  Del  Sol did  not  regularly 
  conduct, receive or  transmit the required weekly  tests at KRCK-
  FM.  In fact, only seven required weekly tests were retransmitted 
  during all of 2002.  No  records existed regarding any attempt by 
  Playa Del Sol  to determine the cause of the  failures to receive 
  the required  EAS tests.  At  the time  of the inspection  of the 
  station's EAS  equipment, the equipment  was set to  monitor only 
  one EAS source.   

                       III.      DISCUSSION

7. 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.4   The term 
  ``repeated'' means  the commission or  omission of such  act more 
  than once or for more than one day.5

8. Section  73.1125(a) of  the Rules  generally requires  broadcast 
  stations  to maintain  a  main  studio at  one  of the  following 
  locations:  (i)  within the station's community  of license; (ii) 
  at any location within the principal community contour of any AM, 
  FM, TV broadcast  station licensed to the  station's community of 
  license;  or (iii)  within twenty-five  miles from  the reference 
  coordinates  of  the center  of  its  community of  license.   In 
  adopting the  main studio rules,  the Commission stated  that the 
  station's main studio must have the capability to serve the needs 
  and  interests of  the residents  of the  station's community  of 
  license.6  To fulfill this function,  a station must, among other 
  things, maintain a meaningful presence  at its main studio.7  The 
  Commission  has  defined   a  minimally  acceptable  ``meaningful 
  presence''   as   full-time   managerial  and   full-time   staff 
  personnel.8  The licensee need not have the same staff person and 
  manager at the studio, as long  as there was management and staff 
  presence   there  during   normal   business  hours.9    Although 
  management  personnel  need not  be  ``chained  to their  desks'' 
  during  normal business  hours, they  must ``report  at the  main 
  studio on a daily basis, spend a substantial amount of time there 
  and ...  use the studio as  a home base.''10  Although  Playa Del 
  Sol's owner initially stated  that KRCK-FM's transmitter building 
  was temporarily  serving as a  main studio, he  acknowledged what 
  was apparent at  the time of the inspection: KRCK-FM  had no main 
  studio presence in  the community at the time  of the inspection.  
  The transmitter building was contained  within a locked fence and 
  therefore was inaccessible  to the public; there  was little room 
  and  no normal  office  facilities in  the transmitter  building; 
  there was  no listing for KRCK-FM  or Playa Del Sol  in the local 
  telephone  directory;  and  Playa  Del Sol  did  not  maintain  a 
  meaningful management and staff presence at the transmitter site.  
  Therefore, based on the evidence,  we conclude that Playa Del Sol 
  failed to maintain a main studio in apparent willful and repeated 
  violation of Section 73.1125 of the Rules.11  

9. 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.12  The Rules  provide that all 
  broadcast 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.13  
  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.14  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.15  The Rules require stations to monitor at 
  least two separate sources specified by the state EAS plan.16  

10.  The Rules specifically require broadcast stations17 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.18   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.19  
  Stations must also determine the  cause of any failure to receive 
  the  required EAS  tests,  and make  appropriate  entries in  the 
  station log indicating why the required tests are not received.20 

11.  If a  broadcast licensee's  EAS  equipment fails  and must  be 
  taken out for service, the Rules  require the licensee to note in 
  the station log that the EAS equipment failed and the reasons why 
  the  failure  occurred.21  If  the  failure  cannot be  corrected 
  within  60  days, the  Rules  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.22  
  The request must  explain fully why additional  time is necessary 
  and when repairs are expected to be completed.  

12.  Playa Del  Sol did  not retransmit  a single  required monthly 
  test on KRCK-FM during 2002, retransmitted only 7 required weekly 
  tests during 2002,  and was monitoring only one  EAS source.  The 
  station's EAS equipment was out of  service for more than 60 days 
  in  the beginning  of 2002.   No records  existed indicating  any 
  attempt by Playa  Del Sol to ascertain why the  equipment was not 
  operating or why  the required monthly and weekly  tests were not 
  being received or retransmitted.  Based  on the evidence, we find 
  that Playa Del Sol Broadcasters willfully and repeatedly violated 
  Sections  11.35 and 11.61  of the  Rules by  failing to  have EAS 
  equipment fully  operational throughout 2002, failing  to conduct 
  required weekly and monthly EAS tests, failing to receive two EAS 
  sources,  failing to  determine  why the  EAS  equipment was  not 
  receiving  the required  EAS tests  and failing  to log  the test 
  failures.   

13.  Based on the evidence before  us, we find that  Playa Del Sol, 
  willfully  and repeatedly  violated  Sections  11.35, 11.61,  and 
  73.1125 of the  Rules, by failing to have  EAS equipment properly 
  operational, failing to monitor,  receive and retransmit required 
  monthly and weekly  EAS tests and failing to  ascertain the cause 
  of and log EAS equipment failures, and failing to maintain a main 
  studio.  Pursuant to The Commission's Forfeiture Policy Statement 
  and Amendment  of Section  1.80 of the  Rules to  Incorporate the 
  Forfeiture  Guidelines,23  the  base forfeiture  amount  for  EAS 
  equipment not  installed or  operational is  $8,000 and  the base 
  forfeiture for  failing to maintain  a main studio is  $7,000. 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.24  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  $15,000  is 
  warranted. 

                       IV.  ORDERING CLAUSES

14.  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, Playa  Del Sol Broadcasters,  is hereby NOTIFIED  of their 
  APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  fifteen 
  thousand dollars  ($15,000) for  violating Sections  11.35, 11.61 
  and 73.1125 of the Commission's Rules.25

15.  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, Playa  Del Sol  Broadcasters, 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/Account number referenced in the caption. 

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, DC 20554  and must 
  include the NAL/Acct. number referenced in the caption. 

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;  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 Receivable Operation Group,  445 12th Street, 
  S.W., Washington, D.C. 20554.26

20.  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  any  of the  information contained  in 
  Attachment A, please contact OCBO at (202) 418-0990.

21.  IT IS FURTHER ORDERED  THAT this NOTICE OF  APPARENT LIABILITY 
  shall be  sent, by certified  mail, return receipt  requested, to 
  Playa Del Sol Broadcasters, 801 K Street, 27th Floor, Sacramento, 
  CA  95814.

                                   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, 11.61, and 73.1125.
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). 
5 Section 312(f)(2), 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." 
6 Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3217-
18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).
7 Id.
8 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 
(1991), clarified, 7 FCC Rcd 6800 (1992).
9 Id., 6 FCC Rcd at 3616, n.2.
10 Id., 7 FCC Rcd at 6802.
11  See B&C Kentucky, LLC, 16 FCC Rcd 9305 (Mass Media Bur., Video 
Services Div., 2001) (concluding that a television licensee's 
transmitter building was not a main studio where no employees 
regularly worked at that location, no production equipment or 
station files were maintained there, and the building was contained 
within a locked fence and therefore was inaccessible to the 
public).
12 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).
13 47 C.F.R.  11.11 and 11.41.
14 47 C.F.R.  11.1 and 11.21
15 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.
16 47 C.F.R.  11.52(d).
17 47 C.F.R.  11.11.
18 47 C.F.R.  11.35.
19 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.)
20 47 C.F.R.  11.35.
21 47 C.F.R.  11.35(b).
22 47 C.F.R.  11.35(c).
23 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).
24 47 U.S.C.  503(b)(2)(D).
25 47 C.F.R.  0.111, 0.311, 1.80, 11.35, 11.61 and 73.1125.
26 See 47 C.F.R.  1.1914.