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

In the Matter of                 )
                                )
Concord Media Group of           )      File Number: EB-03-LA-048
California, Inc.                 )      File Number: EB-03-LA-049
                                )
Licensee of KTPI(AM), Mojave,    )      NAL/Acct. No.200432900002
California                       )                 FRN 0004986675
Licensee of KTPI(FM), Tehacapi, 
California



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released: March 31, 2004
By the District Director, Los Angeles Office, Enforcement Bureau:


                         I.   INTRODUCTION

  1.      In this  Notice  of Apparent  Liability  for  Forfeiture 
(``NAL''), we find  that Concord Media  Group of California,  Inc. 
(``Concord''),1 licensee  of  AM broadcast  station  KTPI(AM)2  in 
Mojave, California, and  FM broadcast stations  KTPI in  Tehacapi, 
California, and  KOSS  in  Rosamond,  California,  has  apparently 
repeatedly violated  Sections  11.35(a)  and  11.61(a)(2)  of  the 
Federal Communications Commission's (``FCC'') Rules (``Rules'') by 
failing  to  conduct  required   weekly  Emergency  Alert   System 
(``EAS'') tests and failing to determine the cause of failures  to 
receive required  EAS tests.3   We conclude,  pursuant to  Section 
503(b) of the  Communications Act of  1934, as amended  (``Act''), 
that Concord is apparently liable  for a forfeiture in the  amount 
of four thousand dollars ($4,000). 


                          II.  BACKGROUND

  2.      On February  7, 2003,  agents from  the FCC  Enforcement 
Bureau's Los  Angeles  Office  conducted EAS  inspections  at  the 
shared main studio facility of Concord stations KTPI(AM), KTPI and 
KOSS, located at  352 East Ave.  K-4, Lancaster, California.   The 
inspection revealed that  stations KTPI and  KOSS were  co-located 
and share common EAS equipment.  The inspection was conducted  due 
to a complaint, and the agents so advised the Concord staff at the 
time of the inspection.     

  3.      The agents inspected the  EAS receipts generated by  the 
EAS  Encoder/Decoder  equipment  used  at  KTPI(AM),  and  station 
KTPI(AM)'s station  logs.   The  EAS  receipts  and  station  logs 
indicated that station  KTPI(AM) failed to  transmit the  required 
weekly EAS tests between September 8, 2002, and December 3,  2002, 
and again between December  22, 2002, and  February 7, 2003;  that 
station  KTPI(AM)  failed  to   receive  weekly  tests  from   the 
designated LP1 or  LP2 between  January 1, 2003,  and February  7, 
2003, and  that  entries  were  not  made  in  the  KTPI(AM)  logs 
indicating what efforts were  made to determine  the cause of  the 
failures to receive the required tests.   

  4.      The agents also inspected the EAS receipts generated  by 
the EAS Encoder/Decoder equipment  used at co-located FM  stations 
KTPI and  KOSS and  both  stations' logs.   The EAS  receipts  and 
station logs showed that  KTPI and KOSS failed  to conduct any  of 
the required weekly EAS tests  between July 1, 2002, and  February 
7, 2003, and  failed to  receive weekly tests  between January  1, 
2003,  and  February  7,  2003.   The  logs  contain  no   entries 
explaining why the tests  were not received.   There were also  no 
entries in the stations' logs  indicating malfunctions of the  EAS 
equipment during these specified times.  The stations' manager and 
engineer were both unaware that the required weekly EAS tests  had 
not been transmitted for over 6 months.    

                            4.I.   DISCUSSION

  5.      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 any rule, 
regulation or order issued by the Commission there under, shall be 
liable for a forfeiture penalty.4  The term ``willful'' as used in 
Section 503(b) has been interpreted  to mean simply that the  acts 
or omissions  are committed  knowingly and  the term  ``repeated'' 
means the commission or omission of the act more than once or  for 
more than one day.5

  6.      The Rules provide that every AM and FM broadcast station 
is part of  the nationwide  EAS network  and is  categorized as  a 
participating national EAS source unless the station affirmatively 
requests authority  to not  participate.6   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.7   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.8    Required 
monthly and weekly tests originate from EAS Local or State Primary 
sources and must be retransmitted by the participating station.9  

  7.      Section  11.35  of  the  Rules  requires  all  broadcast 
stations to ensure that EAS  encoders, EAS decoders and  attention 
signal  generating  and  receiving  equipment  is  installed   and 
operational so that the monitoring and transmitting functions  are 
available during the times the station is in operation.  Broadcast 
stations must also determine the  cause of any failure to  receive 
required monthly and weekly  EAS tests, and  must indicate in  the 
station's log why any  required tests were  not received and  when 
defective equipment is removed and restored to service.10  Section 
11.61 of the  Rules requires  AM and  FM 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.11   The requirement that  stations 
monitor, receive and retransmit the required EAS tests ensures the 
operational integrity of the EAS system in the event of an  actual 
disaster.  

  8.      A comprehensive review of  the EAS receipts and  station 
logs for  Concord  stations  KTPI(AM)  for  the  period  beginning 
September 8, 2002, through  February 7, 2003,  and for the  period 
beginning July 1,  2002, through  February 7, 2003,  for KTPI  and 
KOSS, revealed that  each of  the three Concord  stations had  not 
transmitted required EAS  tests in  a consistent manner  and on  a 
regular basis, and each had not made entries in the station's  log 
to indicate  what efforts  had been  undertaken to  ascertain  why 
required tests  had  not been  received  or to  note  problems  or 
malfunctions of the EAS equipment.   Based on the evidence  before 
us, we  find Concord  repeatedly  violated Sections  11.35(a)  and 
11.61(a)(2) of the Rules by failing to conduct required weekly EAS 
tests and failing to  determine the cause  of failures to  receive 
required EAS tests.    

  9.      The  Commission's   Forfeiture  Policy   Statement   and 
Amendment  of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture  Guidelines  (``Forfeiture   Policy  Statement'')   and 
Section 1.80(b)(4) of  the Rules  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.12  
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  required  measurements   or  conduct  required   monitoring.  
Therefore, we  will  assess the  base  forfeiture for  failing  to 
conduct EAS  tests  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.''13  Considering the entire record 
and applying  the  factors listed  above,  a $2000  forfeiture  is 
warranted for station KTPI(AM) and a $2000 forfeiture is warranted 
for co-located FM  stations KTPI  and KOSS, resulting  in a  total 
forfeiture of $4,000. 


                      IV.  ORDERING CLAUSES

  10.     Accordingly, IT  IS ORDERED  THAT, pursuant  to  Section 
503(b) of  the Act,  and Sections  0.111, 0.311  and 1.80  of  the 
Rules, Concord Media Group of California, Inc. is hereby  NOTIFIED 
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of  four 
thousand dollars  ($4,000)  for  repeated  violation  of  Sections 
11.35(a) and  11.61(a)(2)  of  the Rules  by  failing  to  conduct 
required weekly EAS tests.14  

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

  12.     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. 20554.15

  13.     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, 
Spectrum Enforcement Division and  MUST INCLUDE THE NAL/Acct.  No. 
referenced above.  

  14.     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.  

  15.     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.

  16.     IT IS FURTHER ORDERED THAT a  copy of this NAL shall  be 
sent by regular mail and  Certified Mail Return Receipt  Requested 
to Concord  Media  of  California, Inc.,  11521  Innfields  Drive, 
Odessa, Florida  33556.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Catherine Deaton
                         District Director, Los Angeles Office
                         Enforcement Bureau

Enclosure:  FCC List of Small Entities
_________________________

1 At the time of inspection  on February 7, 2003, Concord was  the 
licensee of  record for  all three  stations.  Subsequent  to  the 
inspection, Concord assigned the  licenses for all three  stations 
to Clear Channel Broadcasting Licenses, Inc.  See, Assignment File 
Number  BAL/BALH/BALFTB-20030930ADF-ADI  (assignments  consummated 
December 1, 2003).



2 Call sign changed from  KAVC-AM to KTPI(AM), effective  December 
1, 2002.



3 47 C.F.R.  11.35(a) and 11.61(a)(2).

4  47 U.S.C.  503(b).



5  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 or any rule or regulation of the  Commission 
authorized by this Act....''  See Southern California Broadcasting 
Co., 6 FCC Rcd 4387-88 (1991).   Section 312(f)(2) of the Act,  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 47 C.F.R.  11.11 and 11.41.



7 47 C.F.R.  11.1 and 11.21.



8 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.



9 See 47 C.F.R.  11.51,  11.61.  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).



10 47 C.F.R.  11.35(a) and (b).



11 The required monthly and  weekly tests are required to  conform 
to 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).



12 12 FCC Rcd 17087 (1997),  recon. denied 15 FCC Rcd 303  (1999); 
47 C.F.R.   1.80(b)(4).  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.  Id.



13 47 U.S.C.  503(b)(2)(D).



14 47 U.S.C.  503(b); 47  C.F.R.  0.111, 0.311, 1.80,  11.35(a) 
and 11.61(a)(2).



15 See 47 C.F.R.  1.1914.