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

                                  )
In the Matter of                   )
                                  )     File No. EB-03-SD-017
Desert Television LLC              )     NAL/Acct. No. 
TV Station KPSP-LP                 )     200332940006
Cathedral City-Palm Springs, CA    )     FRN: 000-497-4044
                                  )


            NOTICE OF APPARENT LIABILITY FOR FORFEITURE

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


                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we find that Desert Television  LLC (``Desert''), the licensee of 
  Class  A  Television  Broadcast (``Class  A'')  station  KPSP-LP, 
  apparently willfully  and repeatedly violated Sections  11.35 and 
  11.61  of  the Commission's  Rules  (``Rules''),1  by failing  to 
  ensure that  required Emergency Alert System  (``EAS'') equipment 
  was  operational,  failing  to receive  and  retransmit  required 
  monthly and weekly  EAS tests, failing to determine  the cause of 
  the  failure  to  receive  the required  tests,  and  failing  to 
  maintain  required EAS  logs.  We  conclude, pursuant  to Section 
  503(b) of the Communications Act  of 1934, as amended (``Act'')2, 
  that Desert Television LLC is apparently liable for forfeiture in 
  the amount of eight thousand dollars ($8,000).


                          II.  BACKGROUND

2. 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  KPSP-LP.  
  According to FCC  records, a station license  for station KPSP-LP 
  had been issued  to Desert on July 9, 2001,  sixteen months prior 
  to the  inspection.  During the  inspection the agent  found that 
  EAS  equipment  at  the  station's   main  studio  site  was  not 
  operational.  The station's chief engineer advised the agent that 
  the EAS equipment had not been in service since they moved to the 
  new facility approximately eleven weeks prior because new antenna 
  connector  parts were  needed  and had  been  back ordered.   The 
  repair  parts had  arrived on  November  11, 2002,  and would  be 
  installed  by  November  15,  2002, to  make  the  EAS  equipment 
  operational.   The   San  Diego  agent  advised   Desert  station 
  personnel during the inspection  of the importance of maintaining 
  operational EAS equipment and conducting the required monthly and 
  weekly EAS test,  and sent a reminder to  Desert's chief engineer 
  on November 20, 2002, advising that Section 11.35(c) of the Rules 
  requires notification to  the San Diego District  Director if any 
  additional delay occurs in getting the EAS equipment operational.  
  The San Diego District Office received no request from Desert for 
  additional time to repair the KPSP-LP EAS equipment.    

3. A  follow up inspection on  February 12, 2003, by  an agent from 
  the FCC's  San Diego  office revealed  that KPSP-LP  had received 
  just one required  weekly EAS test during the  three months since 
  the November 13,  2002, inspection.  That single  EAS weekly test 
  was received on February 11, 2003, the day before the inspection.  
  Although the EAS equipment appeared to be operational at the time 
  of  the  February  12,  2003,  inspection,  the  station  records 
  contained no  evidence that  any required  monthly or  weekly EAS 
  test had been received or retransmitted between November 13, 2002 
  and February 10, 2003.  The station records also did not indicate 
  any  attempt  by  station  personnel to  ascertain  why  the  EAS 
  equipment had not  been operational and the  required monthly and 
  weekly EAS  tests had not  been conducted  since the date  of the 
  inspection on  November 13, 2002,  until February 11,  2003.  Nor 
  could the station's staff explain the delay in reestablishing the 
  station's EAS operability.    


                       III.      DISCUSSION

4. 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

5. 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.6   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.7   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.8  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.9

6. The  Rules  specifically require  broadcast stations,  including 
  Class A  television stations,10  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.11  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.12  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.13  

7. 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.14  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.15   The request 
  must  explain fully  why additional  time is  necessary and  when 
  repairs are expected to be completed.  

8. Based  on  the  evidence,  we  find that  Desert  willfully  and 
  repeatedly  violated Sections  11.35 and  11.61 of  the Rules  by 
  failing to have  EAS equipment fully operational  at KPSP-LP from 
  approximately  September 2002  when the  station relocated  until 
  February 11, 2003,  and by failing to receive  and retransmit the 
  required monthly and  weekly EAS tests, failing  to ascertain why 
  the required tests were not conducted  and failing to log any EAS 
  equipment failures.   Desert was advised  by an FCC  agent during 
  the  November   13,  2002,   inspection  of  the   importance  of 
  maintaining operational EAS equipment and conducting the required 
  tests.  Yet, on  the date of second inspection,  KPSP-LP had only 
  one EAS  printout indicating that  the station could  receive the 
  first local primary  (LP-1) station.  There were  no records that 
  indicated  why KPSP-LP  was not  receiving the  first and  second 
  local  primary stations  required monthly  and weekly  tests from 
  November  17, 2002  (the  date the  station's  EAS equipment  was 
  ostensibly  repaired), through  February 10,  2002.  Also,  there 
  were no records  that indicated why KPSP-LP  was not transmitting 
  the required weekly or monthly tests during this same period.  

9. We  also find  that Desert willfully  violated Section  11.35 of 
  the Rules by failing to make an informal request to the FCC's San 
  Diego  office  for  additional   time  to  repair  defective  EAS 
  equipment.  Desert was reminded after the first inspection of the 
  requirements of Section 11.35(c)  via electronic message from the 
  FCC's San Diego  office on November 20, 2002.  The  FCC San Diego 
  office received no informal request concerning EAS equipment from 
  KPSP-LP.  

10.  Based  on  the  evidence  before  us,   we  find  that  Desert 
  Television LLC, willfully and  repeatedly violated Sections 11.35 
  and  11.61  of  the  Rules,  by failing  to  have  EAS  equipment 
  operational,  by  failing  to  monitor,  receive  and  retransmit 
  required  monthly  and  weekly  EAS  tests,  and  by  failing  to 
  ascertain why the  required tests were not  conducted and failing 
  to log any EAS equipment  failures.  Pursuant to The Commission's 
  Forfeiture Policy Statement and Amendment  of Section 1.80 of the 
  Rules  to  Incorporate  the  Forfeiture  Guidelines,16  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.17  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

11.  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,  Desert  Television  LLC,  is  hereby  NOTIFIED  of  their 
  APPARENT  LIABILITY  FOR A  FORFEITURE  in  the amount  of  eight 
  thousand dollars ($8,000) for  violating Sections 11.35 and 11.61 
  of the Commission's Rules.18

12.  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, Desert  Television LLC,  SHALL PAY  the full 
  amount  of  the  proposed  forfeiture or  SHALL  FILE  a  written 
  statement  seeking  reduction  or cancellation  of  the  proposed 
  forfeiture.

13.  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. 200332940006 and FRN 000-497-4044.

14.  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.  200332940006.  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.

15.  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. 20554.19

16.  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.

17.  IT IS FURTHER ORDERED  THAT this NOTICE OF  APPARENT LIABILITY 
  shall be  sent, by certified  mail, return receipt  requested, to 
  Desert  Television   LLC,  31276  Dunham  Way,   Thousand  Palms, 
  California  92276.


                                   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 and 11.61.
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 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).
7 47 C.F.R.  11.11 and 11.41.
8 47 C.F.R.  11.1 and 11.21
9 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.
10 47 C.F.R.  11.11.
11 47 C.F.R.  11.35.
12 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.)
13 47 C.F.R.  11.35.
14 47 C.F.R.  11.35(b).
15 47 C.F.R.  11.35(c).
16 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).
17 47 U.S.C.  503(b)(2)(D).
18 47 C.F.R.  0.111, 0.311, 1.80, 11.35 and 11.61.
19 See 47 C.F.R.  1.1914.