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

In the Matter of                  )
                                 )
Farmworker Educational Radio      )         File No. EB-04-SD-033
Network, Inc,                     )
                                 )                 NAL/Acct. No. 
Licensee of FM Station KRIT       )                  200432940001
Parker, Arizona                   )
Facility ID #88674                                FRN: 0006911291



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                                                
Released:  July 30, 2004

By the District Director, San Diego Office, Western Region, 
Enforcement Bureau:                                

I.   INTRODUCTION

       1.1.    In this Notice of Apparent Liability for 
  Forfeiture (``NAL''), we find that Farmworker Educational 
  Radio Network, Inc. (``Farmworker''), the licensee of FM 
  Station KRIT in Parker, Arizona, apparently willfully and 
  repeatedly violated Section 73.1125(a) and (e) of the 
  Commission's Rules (``Rules''),1 by failing to maintain a 
  local main studio and a public phone number in its community 
  of license.  We conclude, pursuant to Section 503(b) of the 
  Communications Act of 1934, as amended (``Act''),2 that 
  Farmworker is apparently liable for a forfeiture in the amount 
  of seven thousand dollars ($7,000).

II.  BACKGROUND

       1.2.    On February 9, 2004, a field agent from the 
  Commission's San Diego Office attempted to conduct a routine 
  inspection of FM Station KRIT in Parker, Arizona.  The field 
  agent discovered that there was neither a studio address nor 
  telephone listing for KRIT.  A contact person for KRIT was 
  ultimately found through inquires with other broadcasters in 
  the area and an inspection was scheduled at the KRIT 
  transmitter site.

       1.3.    On February 12, 2004, the field agent met with an 
  engineer for KRIT.  The engineer advised the field agent that 
  the transmitter site had served as KRIT's studio since the 
  station began operations on December 15, 2002.  The field 
  agent observed that the transmitter site was located on a dirt 
  road off a main street, was surrounded by a locked chain-link 
  fence, and that there were signs posted on the fence to warn 
  the public not to approach because of exposure to 
  electromagnetic radiation.  The field agent found no means by 
  which the public could access the site.  Inside the windowless 
  transmitter building, the field agent observed that it 
  contained, besides the transmitter itself, only a single desk 
  and chair.  There were no restroom facilities, nor was there 
  any staff present at the site.  According to the KRIT 
  engineer, no staff from the licensee ever visited the site, 
  except for maintenance of the transmitter and Emergency Alert 
  System equipment.  The engineer also confirmed that no local 
  or toll-free telephone number existed for the public to 
  contact KRIT or to arrange to view the public inspection file, 
  which was maintained at the transmitter site.3  On February 
  20, 2004, an executive from the licensee acknowledged that 
  KRIT needed a local studio and a local phone number.4

III.      DISCUSSION

       1.4.    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 of any rule, regulation or order issued by the 
  Commission thereunder, shall be liable for a forfeiture 
  penalty.  The term ``willful'' as used in Section 503(b) has 
  been interpreted to mean simply that the acts or omissions are 
  committed knowingly.5  The term ``repeated'' means the 
  commission or omission of such act more than once or for more 
  than one day.6

       1.5.    Section 73.1125(a) of the Rules requires the 
  licensee of  a broadcast station to maintain a main studio at 
  one of the following locations: (1) within the station's 
  community of license; (2) at any location within the principal 
  community contour of any AM, FM or TV broadcast station 
  licensed to the station's community of license; or (3) within 
  twenty-five miles from the reference coordinates of the center 
  of its community of license as described in Section 
  73.208(a)(1).7  In addition, the station's main studio must 
  serve the needs and interests of the residents of the 
  station's community of license.  To fulfill this function, a 
  station must, among other things, maintain a meaningful 
  managerial and staff presence at its main studio.8  The 
  Commission has defined a minimally acceptable ``meaningful 
  presence'' as full-time managerial and full-time staff 
  personnel.9  In addition, there must be ``management and staff 
  presence'' on a full-time basis during normal business hours 
  to be considered ``meaningful.''10 Although management 
  personnel need not be ``chained to their desks'' during normal 
  business hours, they must ``report to work at the main studio 
  on a daily basis, spend a substantial amount of time there and 
  ... use the studio as a home base.''11  The site held out by 
  Farmworker as the main studio location for KRIT had no public 
  access and no staff presence.  An executive of the licensee 
  later admitted to a Commission field agent that KRIT needed a 
  studio, therefore, the violation was willful.  The failure to 
  maintain a main studio occurred on more than one day, 
  therefore, it was repeated.

       1.6.    Section 73.1125(e) requires every broadcast 
  station to maintain a local or a toll-free telephone number in 
  its community of license.12  An investigation by a Commission 
  field agent showed that there was no listing for a local or a 
  toll-free number for KRIT in the local phone listings.  An 
  executive for the licensee acknowledged that a local phone 
  number was required, therefore, the violation was willful.  
  The failure to obtain a local or toll-free telephone for KRIT 
  occurred on more than one day, therefore, it was repeated. 

       1.7.    Based on the evidence before us, we find that 
  Farmworker, apparently willfully and repeatedly violated 
  Section 73.1125(a) and (e) of the Rules, by failing to 
  maintain a local main studio and failing to maintain a local 
  phone number in its community of license or a toll-free 
  number.  

       1.8.    Pursuant to 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 of 
the Rules, the base forfeiture amount for failing to comply with 
the main studio requirements, is $7,000.13   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(s), 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.14  Applying the 
Forfeiture Policy Statement, Section 1.80, and the statutory 
factors, a $7,000 forfeiture is warranted.

IV.  ORDERING CLAUSES

       1.9.    Accordingly, IT IS ORDERED that, pursuant to 
  Section 503(b) of the Communications Act of 1934, as amended, 
  and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 
  Farmworker Educational Radio Network Inc., is hereby NOTIFIED 
  of their APPARENT LIABILITY FOR A FORFEITURE in the amount of 
  seven thousand dollars ($7,000) for violating Section 
  73.1125(a) and (e) of the Commission's Rules.15

       1.10.   IT IS FURTHER ORDERED that, pursuant to Section 
  1.80 of the Commission's Rules, within thirty days of the 
  release date of this Notice of Apparent Liability for 
  Forfeiture, Farmworker Educational Radio Network, Inc., shall 
  pay the full amount of the proposed forfeiture or shall file a 
  written statement seeking reduction or cancellation of the 
  proposed forfeiture.

       1.11.   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.

       1.12.   The response, if any, must be mailed to Federal 
  Communications Commission, Enforcement Bureau, Western Region, 
  San Diego Office, 4542 Ruffner Street - Suite 370, San Diego, 
  California 92111 and must include the NAL/Acct. No. referenced 
  in the caption.

       1.13.   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.

       1.14.   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 
  Receivable Operation Group, 445 12th Street, S.W., Washington, 
  D.C. 20554.16

       1.15.   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 address listed above 
  for the filing of the response.  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.

       1.16.   IT IS FURTHER ORDERED that this Notice of Apparent 
  Liability for Forfeiture shall be sent, by Certified Mail, 
  Return Receipt Requested, and regular mail, to Farmworker 
  Educational Network, Inc., 4600 Ashe Road, Suite 313, 
  Bakersfield, California 93313.  Additionally, a copy of this 
  Notice of Apparent Liability for Forfeiture shall be sent by 
  regular mail to Farmworker Educational Network, Inc., 6313 
  Scherra Court, Bakersfield, California  93313.



                              FEDERAL COMMUNICATIONS COMMISSION




                              William R. Zears Jr.
                              District Director
                              San Diego Office 
                              Western Region
                              Enforcement Bureau


Enclosure:     FCC List of Small Entities
_________________________

147 C.F.R.  73.1125(a),(e).
247 U.S.C.  503(b).
3The field agent was informed that a copy of the public file was 
also located at the City of Parker Public Library.

4Farmworker is also the licensee of KCEC-FM in Wellton, Arizona.  
The main studio for that station is over one hundred miles from 
Parker, Arizona.
 
5Section 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 or any rule or regulation of the Commission authorized 
by this Act ....'' See Southern California Broadcasting Co., 6 
FCC Rcd 4387 (1991). 
6Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[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.''
747 C.F.R.  73.208(a)(1).

8See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified 3 FCC Rcd 5024, 5026 (1988).
9Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 
(1991), clarified 7 FCC Rcd 6800 (1992).
10Id.
117 FCC Rcd at 6802.
1247 C.F.R.  73.1125(e).

1312 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1447 U.S.C.  503(b)(2)(D).
1547 U.S.C.  503(b), 47 C.F.R.   0.111, 0.311, 1.80, 
73.1125(a),(e).
16See 47 C.F.R.  1.1914.