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


In the Matter of                   )      File Number EB-03-LA-144
                                     )
Sunbelt Television, Inc.           )     NAL/Acct. No.200432900005
Licensee of KHIZ(TV)               )                FRN 0007940810
Victorville, California            )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: April 12, 2004
By the District Director, Los Angeles Office, Enforcement 
Bureau:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we  find Sunbelt Television,  Inc. (``Sunbelt''), 
licensee  of  TV  broadcast station  KHIZ(TV),  Victorville, 
California,  has  apparently  repeatedly  violated  Sections 
11.35(a)   and  11.61(a)(1)   of   the  Commission's   Rules 
(``Rules'')1   by  failing   to  conduct   required  monthly 
Emergency  Alert  System  (``EAS'')  tests  and  failing  to 
determine  the cause  of  failures to  receive required  EAS 
tests.   We  conclude, pursuant  to  Section  503(b) of  the 
Communications  Act of  1934,  as  amended (``Act'')2,  that 
Sunbelt is apparently liable for  a forfeiture in the amount 
of two thousand dollars ($2,000).  

                       II.  BACKGROUND

     2.   On  April   15,  2003,  an  agent   from  the  FCC 
Enforcement  Bureau's   Los  Angeles  Office   inspected  TV 
broadcast station  KHIZ(TV) located at 15605  Village Drive, 
Victorville, CA.   During the  course of the  inspection, it 
was revealed  that station  KHIZ(TV) failed to  transmit the 
required monthly EAS tests  on three separate occasions over 
a four  month period.  A review  of the station log  for the 
period January 2, 2003 through April 15, 2003, revealed that 
station KHIZ(TV)  had not  transmitted the  required monthly 
EAS tests  for the  months of January  2003, March  2003 and 
April 2003.   There were  no entries in  the station  log to 
indicate any problem or malfunction  of the EAS equipment or 
entries specifying any particular reasons for the failure of 
the EAS apparatus to  receive test transmissions as required 
by  Sections 11.35(a)  and  11.61(a)(1) of  the Rules.   The 
station's Chief of Master Control stated that he was unaware 
that the  station was not transmitting  the required monthly 
EAS tests  and had no explanation  as to why the  tests were 
not  being  transmitted  or  the  specific  months  of  non-
transmission.    

                      III.  DISCUSSION

              3. 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.2   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.3

      4.   The Rules provide that every TV 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.4  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.5  
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.6  Required monthly 
and weekly tests  originate from EAS Local  or State Primary 
sources  and  must  be retransmitted  by  the  participating 
station.7  

      5.  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.8  Section  11.61 of the Rules  requires TV 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.9  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.  

     6.  A comprehensive  review of the station  log for the 
period  beginning January  2, 2003  through April  15, 2003, 
revealed  that Sunbelt  was  not  transmitting the  required 
monthly EAS  tests in a  consistent manner and on  a regular 
basis.  Furthermore, there were  no entries in the station's 
log  to  indicate any  problem  or  malfunction of  the  EAS 
equipment or  entries specifying any particular  reasons for 
the   failure  of   the  EAS   apparatus  to   receive  test 
transmissions   as  required   by   Sections  11.35(a)   and 
11.61(a)(1) of the  Rules. Based on the  evidence before us, 
we find  Sunbelt repeatedly  violated Sections  11.35(a) and  
11.61(a)(1)  of the  Rules  by failing  to conduct  required 
monthly  EAS tests  and failing  to determine  the cause  of 
failures to receive required monthly EAS tests.    

               7.     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.10   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.''11  Considering  the entire record and 
applying  the factors  listed above,  a $2000  forfeiture is 
warranted for station KHIZ(TV). 
 

                    IV.  ORDERING CLAUSES

     8.   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,  Sunbelt Television,  Inc.  is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount  of  two  thousand   dollars  ($2,000)  for  repeated 
violation of Sections 11.35(a) and  11.61(a)(1) of the Rules 
by failing to conduct required monthly EAS tests.12  

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Sunbelt Television, Inc. 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  must include  the FCC  Registration Number(FRN) 
and the NAL/Acct. No. referenced in the caption.

     11.  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.  

     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   for  Forfeiture  under  an 
installment  plan  should be  sent  to:  Chief, Revenue  and 
Receivables  Operations   Group,  445  12th   Street,  S.W., 
Washington, D.C. 20554.13

     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 NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Sunbelt Television, Inc., 15605 Village 
Drive, Victorville,  California 92393.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Catherine Deaton
                         District   Director,  Los   Angeles 
Office
                         Enforcement Bureau

Enclosure:  FCC List of Small Entities
_________________________

12 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 
11.35(a) and 11.61(a)(1). 

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



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 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.''

4 47 C.F.R.  11.11 and 11.41.

5 47 C.F.R.  11.1 and 11.21.

6 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.

7 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).

8 47 C.F.R.  11.35(a) and (b).

9 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).

10 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.

11 47 U.S.C.  503(b)(2)(D).

12 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 
11.35(a) and 11.61(a)(1). 

13 See 47 C.F.R.  1.1914