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-03-NY-080
                                )       File No. EB-03-NY-081
Kimtron, Inc.                   )
WPTR                            )       NAL/Acct. No. 
200432380006
WDCD-FM                         )
Blue Bell, PA                   )       FRN: 0003 4129 62


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   January   13, 
2004

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Kimtron, Inc.  (``Kimtron''), licensee  of 
radio  stations,  WPTR  and  WDCD-FM,  has  apparently   violated 
Sections 11.35(a), 11.61(a)(1)(i),  and 11.61(a)(2)(i)(A) of  the 
Commission's  Rules  (the  ``Rules''),1  by  failing  to  conduct 
required monthly and weekly tests  of the Emergency Alert  System 
(``EAS'') and  failing to  maintain station  records of  required 
monthly and weekly EAS test  messages.  We conclude that  Kimtron 
is apparently  liable  for a  forfeiture  in the  amount  of  six 
thousand dollars ($6,000).

                         II.  BACKGROUND

     2.   On June  4,  2003,  a  Commission  agent  conducted  an 
inspection of radio stations, WPTR and WDCD-FM's EAS, located  at 
4243 Albany Street,  Albany, NY 12205.   The two radio  stations, 
serving different communities,  were using the  same EAS  system.  
Based upon the agent's inspection  of WPTR and WDCD-FM's  station 
records, it  was  determined  that WPTR  and  WDCD-FM  failed  to 
conduct required monthly tests of the EAS header codes, Attention 
Signal, Test  Script, and  EOM code  for the  months of  December 
2002, January  2003,  and  March  2003,  and  failed  to  conduct 
required weekly tests  of the EAS  header and EOM  codes for  the 
weeks of December  1, 2002  to January 11,  2003, January  19-25, 
2003, February 9-15, 2003, February  23, 2003 to March 15,  2003, 
April 6-19, 2003, April 27, 2003  to May 3, 2003, and May  18-31, 
2003.  WPTR and WDCD-FM failed to maintain EAS equipment so  that 
it is  capable of  receiving monthly  EAS test  messages for  the 
months of  December  2002,  January 2003,  and  March  2003,  and 
receiving weekly EAS test messages for the weeks of  December  1, 
2002 to January  25, 2003, February  23, 2003 to  March 8,  2003, 
March 30, 2003  to April 5,  2003, April 13-19,  2003, April  27, 
2003 to May 3, 2003, and  May 11-24, 2003.  The agent also  found 
that WPTR  and  WDCD-FM failed  to  maintain station  records  of 
required monthly EAS  tests received for  the months of  December 
2002, January 2003,  and March  2003, and state  reasons why  EAS 
tests were not  received, failed to  maintain station records  of 
required weekly EAS tests received for the weeks of  December  1, 
2002 to January  25, 2003, February  23, 2003 to  March 8,  2003, 
March 30, 2003  to April 5,  2003, April 13-19,  2003, April  27, 
2003 to May 3, 2003, and  May 11-24, 2003, and state reasons  why 
EAS tests were not received.

                        III.  DISCUSSION

     3.   Section  11.35(a)  of  the  Rules  requires   broadcast 
stations to make entries in station records of monthly and weekly 
EAS tests received.  Entries were not made in WPTR and  WDCD-FM's 
station records of monthly EAS  tests received for the months  of 
December 2002, January 2003, and March 2003, and no entries  were 
made in the station records of weekly EAS tests received for  the 
weeks of  December 1, 2002 to January 25, 2003, February 23, 2003 
to March 8, 2003, March 30,  2003 to April 5, 2003, April  13-19, 
2003, April 27,  2003 to  May 3, 2003,  and May  11-24, 2003,  or 
reasons why  required  monthly  and weekly  EAS  tests  were  not 
received.

     4.   Section  11.61(a)(1)(i)  of  Rules  requires  broadcast 
stations to  conduct required  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.  WPTR and  WDCD-FM's station records failed  to 
show that  required  monthly  tests  of  the  EAS  header  codes, 
Attention Signal, Test  Script, and EOM  code were conducted  for 
the months of December 2002, January 2003, and March 2003.  

     5.   Section  11.61(a)(2)(i)(A)   of  the   Rules   requires 
broadcast stations to  conduct required weekly  tests of the  EAS 
header and EOM  codes at  least once a  week at  random days  and 
times.  WPTR and  WDCD-FM's station records  failed to show  that 
required weekly  tests  of the  EAS  header and  EOM  codes  were 
conducted for the weeks of December 1, 2002 to January 11,  2003, 
January 19-25, 2003,  February 9-15, 2003,  February 23, 2003  to 
March 15, 2003, April 6-19, 2003, April 27, 2003 to May 3,  2003, 
and May 18-31, 2003.  

     6.   Based on the evidence before us, we find that,  Kimtron 
willfully3   and   repeatedly4   violated   Sections    11.35(a), 
11.61(a)(1)(i), and 11.61(a)(2)(i)(A) 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, January 2003, and March  2003, failing to conduct  required 
weekly tests of  the EAS header  and EOM codes  for the weeks  of 
December 1,  2002  to  January 11,  2003,  January  19-25,  2003, 
February 9-15, 2003, February 23,  2003 to March 15, 2003,  April 
6-19, 2003, April 27, 2003 to  May 3, 2003, and May 18-31,  2003, 
and failing to log  entries of reasons  why required monthly  EAS 
tests were not received for the months of December 2002,  January 
2003, and March 2003, and failing  to log entries of reasons  why 
required weekly  EAS tests  were not  received for  the weeks  of  
December 1, 2002 to January 25, 2003, February 23, 2003 to  March 
8, 2003, March  30, 2003  to April  5, 2003,  April 13-19,  2003, 
April 27, 2003 to May 3, 2003, and May 11-24, 2003.  

     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''),5 
sets the  base forfeiture  amount for  failure to  make  required 
measurements or conduct required monitoring at $2,000 ($2,000 for 
each of Kimtron's  two radio stations),  and base forfeiture  for 
failure to maintain required records  at $1,000 ($1,000 for  each 
of Kimtron's  two radio  stations).   In assessing  the  monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of 1934,  as amended,6  (``Act'') 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 six  thousand  dollar 
($6,000) 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,7  (``Act'') 
and Sections  0.111, 0.311  and 1.80  of the  Rules8, Kimtron  is 
hereby NOTIFIED of their APPARENT  LIABILITY FOR A FORFEITURE  in 
the amount  of  six thousand  dollars  ($6,000) for  willful  and 
repeated violations  of  Sections 11.35(a),  11.61(a)(1)(i),  and 
11.61(a)(2)(i)(A) of the 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, Kimtron 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. 200432380006 and FRN: 0003 4129 62. 

     11.  Any response  to this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554, and MUST INCLUDE THE NAL/Acct. No. 200432380006. 

     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. 20554.9

     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 Spectrum Enforcement  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 Kimtron, Inc., P.O. Box 3003, Blue Bell, PA 19422.  

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office





Attachment A - FCC List of Small Entities, October 2002

_________________________

1 47 C.F.R.  11.35(a), 11.61(a)(1)(i), and 11.61(a)(2)(i)(A).
2 47 C.F.R.  11.61(a)(1)(v).

3 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).

4 Section 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.

547 C.F.R.  1.80.
6
47 U.S.C.  503(b)(2)(D).
7
 47 U.S.C.  503(b)

847 C.F.R.  0.111, and 0.311.

9 See 47 C.F.R.  1.1914.