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

In the Matter of                   )      File Number EB-02-OR-355
Pearson Broadcasting of Mena,      )     NAL/Acct. No.200332620007
Inc.                               )
Licensee of KTTG(FM)               )              FRN 0003-7795-68
Mena, Arkansas                     )


                                 Released: February 18, 2003
By the Enforcement Bureau, New Orleans Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we  find  Pearson  Broadcasting  of  Mena,  Inc. 
(``Pearson''), licensee of FM  broadcast station KTTG, Mena, 
Arkansas, apparently  liable for a forfeiture  in the amount 
of two  thousand dollars  ($2,000) for willful  and repeated 
violation  of  Section  11.61   of  the  Commission's  Rules 
(``Rules'').1   Specifically,  we  find  Pearson  apparently 
liable  for  failing  to conduct  required  Emergency  Alert 
System (``EAS'') tests.  

                       II.  BACKGROUND

     2.   On  November  6,  2002,  an  agent  from  the  FCC 
Enforcement  Bureau's   New  Orleans  Office   inspected  FM 
broadcast station KTTG in Mena, Arkansas.  During the course 
of the inspection, no logs  could be produced reflecting any 
EAS  events  or reasons  for  failure  to send  and  receive 
required  tests  of  the  EAS.  In  addition,  although  EAS 
equipment  was installed,  a continuous  EAS equipment  tape 
printout showed no activity from June 23, 2002 to August 11, 
2002,  the last  date on  the tape.   The station's  manager 
stated he did  not know the last time  the station conducted 
an  EAS  test,  and  he thought  the  equipment  was  having 
problems.  No one at the station was able to run an EAS test 
when requested by the agent.

                      III.  DISCUSSION

     3.  Section  11.61 of the  Rules states that  EAS tests 
must be  sent and  received at regular  intervals.  Required 
Monthly  Tests originate  from  EAS Local  or State  Primary 
sources  and  must be  retransmitted  within  60 minutes  of 
receipt.2  Required  Weekly Test must be  conducted at least 
once a week at random days and times.3  However, the lack of 
station EAS  log entries and  a continuous tape  printout of 
the  EAS activity  from June  23, 2002  to August  11, 2002, 
demonstrate  that  Pearson  was  not  receiving  or  sending 
required  tests  from  June  23,  2002  until  the  time  of 
inspection on November 6,  2002.  Furthermore, there were no 
entries  in the  station's log  to indicate  any problem  or 
malfunction  of the  EAS  equipment as  required by  Section 
11.35(b) of  the Rules.4  Station management  was unaware as 
to  when the  station had  last conducted  an EAS  test.  No 
station personnel were able to conduct an EAS test.

     4.  Based  on the evidence  before us, we  find Pearson 
willfully5  and repeatedly6  violated Section  11.61 of  the 
Rules by failing to conduct weekly and monthly EAS tests.    

     5.   Section 1.80(b)(4)  of the  Rules7 sets  forth the 
base  forfeiture  amounts  for  various  violations  of  the 
Commission's  Rules.   The Rules  do  not  establish a  base 
forfeiture  amount  for  violating  the  Commission's  rules 
requiring  EAS  tests.   Therefore,  we  must  determine  an 
appropriate  forfeiture  amount  for this  violation.8   The 
requirement  that broadcast  stations conduct  EAS tests  is 
similar  in  both  nature  and severity  to  other  required 
operational performance  checks identified  in the  Rules as 
required  measurements  or   required  monitoring.   Section 
1.80(b)(4) of the  Rules sets the base  forfeiture amount at 
$2,000 for  failure to make require  measurements or conduct 
required  monitoring.  Therefore,  we will  assess the  base 
forfeiture for failing to conduct  EAS test in the amount of 
$2000.  In assessing the monetary forfeiture amount, we must 
also take  into account  the statutory  factors set  fort in 
Section 503(b)(2)(D)  of the Communications Act  of 1934, as 
amended (``Act''),  which include the  nature circumstances, 
extent, and  gravity of the  violation, and with  respect to 
the violator, the degree of  culpability, and any history of 
prior offenses,  ability to pay,  and other such  matters as 
justice may require.'' 9   Considering the entire record and 
applying  the factors  listed  above, this  case warrants  a 
$2,000 forfeiture.

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,10 and Sections  0.111, 0.311 and 
1.80 of the  Rules,11 Pearson Broadcasting of  Mena, Inc. is 
in the amount  of two thousand dollars  ($2,000) for willful 
and  repeated violation  of Section  11.61 of  the Rules  by 
failing to conduct required weekly and monthly EAS tests.  

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Pearson  Broadcasting of Mena, Inc.  SHALL PAY the 
full  amount of  the  proposed forfeiture  or  SHALL FILE  a 
written statement  seeking reduction or cancellation  of the 
proposed forfeiture.

     8.  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. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.12

     9.  The  response, if  any, must  be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street S.W., Washington DC  20554, Attn: Enforcement Bureau-
Technical  & Public  Safety  Division and  MUST INCLUDE  THE 
NAL/Acct. No. referenced above.  

     10.   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 

     11.  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 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 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.
     12.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  Pearson Broadcasting  of Mena,  Inc., 
2937 Highway 71 North, Mena, Arkansas 71593.


                         James C. Hawkins
                         District   Director,  New   Orleans 
                         Enforcement Bureau


1 47 C.F.R.  11.61.

2 See 47 C.F.R.  11.61(a)(1)(v).  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.).

3 See 47 C.F.R.  11.61(a)(2)(i)(A).

4 47 C.F.R.  11.35(b).

5 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 4387-88 

6 The 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.''  47 
U.S.C.  312(f)(2).

7  47 C.F.R.  1.80(b)(4).

8 See The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines (``Forfeiture Policy Statement''), 12 
FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999). 
The Forfeiture Policy Statement states that ``...any 
omission of a specific rule violation from the...[forfeiture 
guidelines]...should not signal that the Commission 
considers any unlisted violation as nonexistent or 
unimportant..'' Forfeiture Policy Statement, 12 FCC Rcd at 
17099.  The Commission retains the discretion, moreover, to 
depart from the Forfeiture Policy Statement and issue 
forfeitures on a case-by-case basis, under its general 
forfeiture authority contained in Section 503 of the Act. 

9 47 U.S.C.  503(b)(2)(D)

10 47 U.S.C.  503(b).

11 47 C.F.R.  0.111, 0.311, 1.80.

12 See 47 C.F.R.  1.1914.