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

In the Matter of                )
                                )       File No. EB-03-CF-097
Pacifica Foundation, Inc.       )
WPFW                            )       NAL/Acct. No. 
200332340004
Washington, DC                  )
                                )       FRN: 0007 2593 10


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  March 26, 2003

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION

  1.      In this  Notice of  Apparent Liability  for  Forfeiture 
     ("NAL"),   we   find   that   Pacifica   Foundation,    Inc. 
     (``Pacifica''),  licensee  of  FM  broadcast  station  WPFW, 
     Washington,   DC,   has    apparently   violated    Sections 
     11.61(a)(1)(i), 11.61(a)(2)(i)(A) and  73.1870(c)(3) of  the 
     Commission's Rules (the ``Rules''),1  by failing to  conduct 
     required monthly  and weekly  tests of  the Emergency  Alert 
     System (``EAS'') and by failing to verify the log in writing 
     by  the  chief  operator.   We  conclude  that  Pacifica  is 
     apparently liable for  a forfeiture in  the amount of  three 
     thousand dollars ($3,000).

                         II.  BACKGROUND

  2.      On February 14, 2003, an agent from the Columbia  Field 
     Office inspected broadcast station WPFW, in Washington,  DC.  
     There was  no station  manager, chief  operator or  engineer 
     present or available for  the inspection.  A  representative 
     of Pacifica  accompanied the  agent during  the  inspection.  
     The agent reviewed  the station logs  from December 1,  2002 
     through January 31, 2003.   He noted that  no EAS weekly  or 
     monthly tests  had been  transmitted  during the  two  month 
     period.  He  was provided  a continuous  EAS equipment  tape 
     printout showing three weekly and one monthly tests received 
     in the  month of  December  2002.  Specifically,  the  agent 
     noted that weekly tests were received on December 2, 9,  and 
     16, 2002; and a  monthly test was  received on December  27, 
     2002.  Additionally, there was  no designation of the  chief 
     operator in writing with a copy of the designation posted.

                        III.  DISCUSSION

  3.      Section  11.61(a)(1)(i)  of   the  Rules  requires   FM 
     stations to conduct monthly tests  of the EAS header  codes, 
     Attention Signal, Test Script and EOM code that conforms  to 
     procedures  in  the  EAS  Operating  Handbook  and   Section 
     11.61(a)(1)(v).2  Pacifica's station records showed that  no 
     required EAS monthly tests  were conducted in December  2002 
     and January 2003.

  4.      Section 11.61(a)(2)(i)(A)  of  the  Rules  requires  FM 
     stations to conduct weekly tests  of the EAS header and  EOM 
     codes at  least  once  a  week at  random  days  and  times.  
     Pacifica's station records  showed that  no required  weekly 
     tests were conducted from December 2002 to January 2003.

  5.      Section 73.1870(c)(3) of the  Rules requires the  chief 
     operator to date and sign the log in writing, verifying that 
     the station is operating as required by the Rules.  A review 
     of station records from December 2002 to January 2003 showed 
     that the chief operator, or his designee, had not  reviewed, 
     dated  and   signed   the   logs   as   required.    Section 
     73.1870(b)(3) of the Rules requires that a chief operator be 
     designated in writing,  and a copy  posted with the  station 
     license. 3  A copy of the designation could not be found. 

  6.      Based on the evidence before us, we find that  Pacifica 
     willfully4 and repeatedly5 violated Sections 11.61(a)(1)(i), 
     11.61(a)(2)(i)(A), and 73.1870(c)(3) of the Rules by failing 
     to conduct required monthly tests  of the EAS header  codes, 
     Attention Signal, Test Script, and  EOM code for the  months 
     of December 2002  and January  2003, by  failing to  conduct 
     required weekly tests of the  EAS header and EOM codes  from 
     December 2002 to  January 2003, and  by failing to  maintain 
     the required records by verifying that the station has  been 
     operating as required, by the chief operator in writing.

  7.      The  Commission's  Forfeiture   Policy  Statement   and 
     Amendment of Section  1.80 of the  Rules to Incorporate  the 
     Forfeiture Guidelines,  12  FCC  Rcd  17087,  17113  (1997), 
     recon. denied,  15 FCC  Rcd 303(1999)  (``Forfeiture  Policy 
     Statement''),6 sets the base  forfeiture amount for  failure 
     to make required measurements or conduct required monitoring 
     at $2,000, and for failure to maintain the required  records 
     at $1,000.  In assessing the monetary forfeiture amount,  we 
     must take into  account the statutory  factors set forth  in 
     Section 503(b)(2)(D) of the Act,7 which include the  nature, 
     circumstances, extent,  and gravity  of the  violation,  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.  Applying  the  Forfeiture 
     Policy Statement and  the statutory factors  to the  instant 
     case and applying the inflation adjustments, we believe that 
     a three  thousand  dollar ($3,000)  monetary  forfeiture  is 
     warranted.

                      IV.  ORDERING CLAUSES

  8.      Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
     503(b) of  the  Communications  Act of  1934,  as  amended,8 
     (``Act'') and Sections 0.111, 0.311 and 1.80 of the  Rules,9 
     Pacifica is hereby NOTIFIED of their APPARENT LIABILITY  FOR 
     A  FORFEITURE  in  the  amount  of  three  thousand  dollars 
     ($3,000) for  willful and  repeated violations  of  Sections 
     11.61(a)(1)(i), 11.61(a)(2)(i)(A), and 73.1870(b)(3) of  the 
     Commission's Rules.

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

10.  Payment of the forfeiture may be made by mailing a check  or 
similar  instrument,  payable  to   the  order  of  the   Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332340004 and FRN: 0007259310.

  11.     Any response  to this  NAL must  be mailed  to  Federal 
     Communications Commission, Enforcement Bureau, Technical and 
     Public Safety Division, 445  12th Street, S.W.,  Washington, 
     D.C. 20554 and MUST INCLUDE THE NAL/Acct. No. 200332340004.

  12.     The Commission will not consider reducing or  canceling 
     a forfeiture  in response  to a  claim of  inability to  pay 
     unless the petitioner submits:  (1) federal tax returns  for 
     the most recent three-year period; (2) financial  statements 
     prepared  according   to   generally   accepted   accounting 
     practices  (``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 
     submitted. 

  13.     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 Operations Group,  445 
     12th Street, S.W., Washington, D.C. 20554.10

  14.     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 and  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.

  15.     IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
     APPARENT LIABILITY shall  be sent by  Certified Mail  Return 
     Receipt Requested to Pacifica Foundation, Inc., 1929  Martin 
     L. King Jr. Way, Berkley, CA 94704.


                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office


Attachment A - FCC List of Small Entities, October 2002 

_________________________

1 47 C.F.R.  11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 
73.1870(c)(3).
2 47 C.F.R.  11.61(a)(1)(v).

3 47 C.F.R.  73.1870(b)(3).

4 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 (1991).
5
 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).

6 47 C.F.R.  1.80.

7 47 U.S.C  503(b)(2)(D). 
8
 47 U.S.C.  503(b).
9
 47 C.F.R.  0.111, and 0.311.

10 See 47 C.F.R.  1.1914.