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

In the Matter of               )
                              )
Morongo Basin Broadcasting     )        File Number:  EB-04-LA-116
Corporation                    )
                              )        NAL/Acct. No. 200432900010
Licensee of FM Broadcast       )                   FRN  0007699564
Station KCDZ
Twenty Nine Palms, California



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                    Released:  September 29, 2004

By the  District Director,  Los Angeles  Office, Western  Region, 
Enforcement Bureau:  

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Morongo Basin Broadcasting Corporation, 
("Morongo") licensee of station KCDZ(FM) in Twenty Nine Palms, 
California, has apparently repeatedly violated Sections 11.35(a) 
and 11.61 of the Federal Communications Commission's Rules 
("Rules") by failing to conduct required monthly Emergency Alert 
System ("EAS") tests, and by failing to ensure that EAS 
monitoring and transmitting functions were available during the 
times the station was in operation.1  We conclude, pursuant to 
Section 503(b) of the Communications Act of 1934, as amended 
("Act"),2 that Morongo is apparently liable for a forfeiture in 
the amount two thousand dollars ($2,000).  

II.  BACKGROUND

     2.   On May 6, 2004, field agents from the Commission's Los 
Angeles Office conducted an EAS inspection of station KCDZ(FM).  
The inspection revealed that station KCDZ(FM) failed to transmit 
the required monthly EAS tests (RMTs) over a four month period.  
Specifically, no required monthly EAS tests were transmitted 
during the months of February, March, April and May 2004.  A 
review of the logs with the station's owner revealed that station 
KCDZ(FM) had in fact received the monthly tests in question but 
failed to retransmit the tests in accordance with Section 11.61 
of the Rules.  The station owner had no specific explanation as 
to why the station failed to retransmit the required monthly EAS 
tests except to say that the failure seemed to coincide with a 
change in personnel.  There were no EAS log entries to indicate 
any problem with, or malfunction of, the EAS equipment.  In fact, 
station management was totally unaware that the required monthly 
EAS tests were not being retransmitted until the investigation by 
the field agents.  

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 of any 
rule, regulation or order issued by the Commission thereunder, 
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.4  The term 
"repeated" means the commission or omission of such act more than 
once or for more than one day.5  

     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.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  

     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.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.
 
     6.   A comprehensive review of the station's EAS log for the 
period from February 1, 2004, through May 6, 2004, revealed that 
KCDZ(FM) was not transmitting required monthly EAS tests in a 
consistent manner and on a regular basis.  There were no entries 
in the station's log to indicate any problem or malfunction of 
the EAS equipment.  In addition, the station's owner was unable 
to explain why the tests had not been transmitted.  Consequently, 
it appears that Morongo was not transmitting the monthly tests, 
as required by Section 11.61, and was not ensuring that the EAS 
equipment used by KCDZ(FM) was installed in such a way that the 
transmitting function was available during the time the station 
was in operation, as required by Section 11.35(a).  Based on the 
evidence before us, we find that Morongo Basin Broadcasting 
Corporation repeatedly violated Sections 11.35(a) and 11.61 of 
the Rules by failing to conduct required monthly EAS tests, and 
by failing to ensure that the monitoring and transmitting 
functions of EAS equipment was available during the times the 
station was in operation.  

     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 of the Rules, 12 sets forth the base forfeiture 
amounts for various violations of the Commission's Rules.  The 
Forfeiture Policy Statement does not establish a base forfeiture 
amount for violating the Commission's rules requiring EAS tests.  
Therefore we must determine what an appropriate amount should be 
for this violation.13  The requirement that stations retransmit 
the monthly EAS tests is similar in both nature and severity to 
other required operational readiness 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 assess the base forfeiture for failing 
to conduct EAS tests in the amount of $2,000.  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 includes the nature, circumstances, extent, and gravity of 
the violation, and with respect to the violator, the degree of 
culpability, and 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 to the instant case, a $2,000 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, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules, Morongo 
Basin Broadcasting Corporation, is hereby NOTIFIED of its 
APPARENT LIABILITY FOR A FORFEITURE in the amount of two thousand 
dollars ($2,000) for violations of Sections 11.35(a) and 11.61 of 
the Rules.15  

     9.   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, Morongo Basin 
Broadcasting Corporation 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 must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259. 

     11.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
18000 Studebaker Rd., Suite 660, Cerritos, CA 90703 and must 
include the NAL/Acct. No. referenced in the caption.  

     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  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.16   

     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 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.  

     15.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return, 
Receipt Requested, and regular mail, to Morongo Basin 
Broadcasting Corporation, 6448 Hallee Road #5, Joshua Tree, 
California 92252.  


                              FEDERAL COMMUNICATIONS COMMISSION



                              Catherine Deaton
                              District Director
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau

Enclosure:  FCC List of Small Entities
_________________________

147 C.F.R. 11.35(a) and 11.61.
247 U.C.S.  503(b).
347 U.S.C.  503(b).  
4Section 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).
5Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
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."  
647 C.F.R.  11.11 and 11.41.  
747 C.F.R.  11.1 and 11.21.  
847 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.  
9See 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).
1047 C.F.R.  11.35.  
11The 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.).  
1212 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R.  1.80.  
13The 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.
1447 U.S.C.  503(b)(2)(D).  
1547 U.S.C.  503(b); 47 C.F.R.  0111, 0.311, 1.80, 11.35(a) 
and 11.61.  
16See 47 C.F.R.  1.1914.