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 Number EB-03-LA-098
                                     )
Moon Broadcasting Riverside, LLC   )     NAL/Acct. No.200432900006
Licensee of KIQQ-AM/FM             )                FRN 0005031349
Barstow and Newberry Springs,      )
California

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released: April 15, 2004
By the District Director, Los Angeles Office, Enforcement 
Bureau:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find Moon  Broadcasting Riverside, LLC (``Moon 
Broadcasting''), licensee of AM broadcast station KIQQ-AM in 
Barstow,  California and  FM  broadcast  station KIQQ-FM  in 
Newberry  Springs,  California,  has  apparently  repeatedly 
violated Sections  11.35(a), 11.61(a)(1) and  11.61(a)(2) of 
the Commission's  Rules (``Rules'')1  by failing  to conduct 
required monthly and weekly 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 Moon Broadcasting  is apparently liable for 
a forfeiture in the amount of two thousand dollars ($2,000).  

                       II.  BACKGROUND

     2.   On  April   16,  2003,  an  agent   from  the  FCC 
Enforcement  Bureau's Los  Angeles Office  conducted an  EAS 
inspection  at  the  main  studio  of  co-located  broadcast 
stations KIQQ-AM/FM  located at 710 US  Highway 58, Barstow, 
California.  EAS  equipment was  installed and  operating at 
the time  of the inspection.  The EAS receipts  generated by 
the EAS Encoder/Decoder showed  that stations KIQQ-AM/FM did 
not  receive  or  transmit  required monthly  EAS  tests  in 
August, September,  October, November  or December  of 2002.  
The stations'  secretary who  was in charge  of transmitting 
the EAS tests stated that she  did not know how to conduct a 
required monthly  test.  The  EAS receipts also  showed that 
required  weekly  EAS  tests  were not  transmitted  by  the 
stations between July 30, 2002 and January 3, 2003, with the 
exception of one required  weekly test transmitted on August 
14, 2002.  At the time of the inspection, no EAS receipts or 
logs  were  available for  inspection  for  the period  from 
January  4,  2003  to  March 11,  2003.   The  EAS  receipts 
provided for the  period of time between March  12, 2003 and 
April  15,  2003,  showed  no  required  monthly  EAS  tests 
received or  retransmitted by  stations KIQQ-AM/FM.   No log 
entries existed in any station  log identifying the cause of 
any of the failures to receive the required tests.    

                      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.3 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.4

      4.   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.5  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.6  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.7  Required 
monthly and weekly  tests originate from EAS  Local or State 
Primary   sources  and   must   be   retransmitted  by   the 
participating station.8  

      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.9   Section 11.61  of the  Rules requires  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.10  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 July  30,  2002 through  January 3,  2003, 
revealed that Moon Broadcasting did  not transmit any of the 
required monthly EAS tests during this time period.  The EAS 
receipts also showed that required weekly EAS tests were not 
transmitted  by  the stations  between  July  30, 2002,  and 
January 3, 2003,  with the exception of  one required weekly 
test transmitted on August 14,  2002.  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  Moon  Broadcasting  repeatedly  violated  Sections 
11.35(a),  11.61(a)(1)  and  11.61(a)(2)  of  the  Rules  by 
failing to conduct required monthly and weekly EAS tests and 
failing  to  determine  the  cause of  failures  to  receive 
required monthly and weekly 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.11   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  forth in 
Section 503(b)(2)(D)  of the 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.''12   Considering the 
entire record and applying the factors listed above, a $2000 
forfeiture is warranted for stations KIQQ-AM/FM. 
 

                    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,  Moon  Broadcasting  Riverside, LLC  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), 11.61(a)(1) and 11.61(a)(2) 
of  the Rules  by failing  to conduct  required monthly  and 
weekly EAS tests.13  

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL, Moon  Broadcasting Riverside,  LLC 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. 20554.14

     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 Moon  Broadcasting Riverside, LLC, 1200 
W. Venice Blvd., Los Angeles, CA 90006.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Catherine Deaton
                         District   Director,  Los   Angeles 
Office
                         Enforcement Bureau

Enclosure:  FCC List of Small Entities
_________________________

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

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 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.''

5 47 C.F.R.  11.11 and 11.41.

6 47 C.F.R.  11.1 and 11.21.

7 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.

8 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).

9 47 C.F.R.  11.35(a) and (b).

10 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).

11 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.

12 47 U.S.C.  503(b)(2)(D).

13 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 
11.35(a), 11.61(a)(1) and 11.61(a)(2).

14 See 47 C.F.R.  1.1914.