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

In the Matter of               )
                              )
Three D Radio, Inc.            )                                    
                              ) File Numbers:  EB-04-LA-120
Licensee of Broadcast          )                                                             
Stations                       ) EB-04-LA-121
                               )                                                            
KQYN(AM)and KKJT(FM)           )           EB-04-LA-122
Twenty Nine Palms, California  )
                              )        NAL/Acct. No. 200432900011
KDHI(FM)                       )
Joshua Tree, California                            FRN  0010316594



             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 Three D Radio, Inc.,  ("Three D Radio") 
licensee of stations KQYN(AM) and KKJT(FM) in Twenty Nine Palms, 
California, and KDHI(FM), Joshua Tree, California,1 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 failing to ensure that EAS monitoring and transmitting 
functions were available during the times the stations were in 
operation.2  We conclude, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended ("Act"),3 that Three D 
Radio is apparently liable for a forfeiture in the amount of 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 collocated stations 
KQYN(AM), KDHI(FM) and KKJT(FM).  The inspection revealed that 
the stations in question failed to transmit the required monthly 
EAS tests (``RMTs'') over a five month period.  Specifically, no 
required monthly EAS tests were transmitted during the months of 
January, February, March, April and May 2004.  A review of the 
stations' logs show that required monthly tests were received in 
the months of January, April and May of 2004, but not 
retransmitted in accordance with Section 11.61 of the Rules.   
There were no EAS log entries to indicate any problem with, or 
malfunction of, the EAS equipment nor were there any EAS log 
entries to indicate that the cause of the failure to receive the 
required tests was investigated.  In fact, station management was 
unaware that the required monthly EAS tests were not consistently 
being received and retransmitted until the inspection by the 
field agents.  On May 11, 2004, the stations' owner acknowledged 
to a field agent that the EAS equipment was not programmed to 
retransmit the required monthly tests.  On May 14, 2004, the 
stations' owner notified the Los Angeles Office that the EAS 
equipment has been changed to retransmit the required monthly 
tests as required by the FCC.

  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.4  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  

     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.7  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.8  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.9  Required monthly and weekly tests originate from EAS 
Local or State Primary sources and must be retransmitted by the 
participating station.10  

     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.11  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.12  
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 stations' logs for the 
period from January 1, 2004, through May 6, 2004, revealed that 
Three D Radio was not transmitting required monthly EAS tests in 
a consistent manner and on a regular basis.  There were no log 
entries in the stations' logs to indicate any problem with, or 
malfunction of, the EAS equipment nor were there any entries 
indicating that the cause of the failure to receive and transmit 
the required tests was investigated.  Based on the evidence 
before us, we find that Three D Radio 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 stations were 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,13 sets 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.14  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(s), 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. 15  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, Three D 
Radio, Inc. is hereby NOTIFIED  of this APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of  two thousand  dollars ($2,000)  for 
violation of Sections 11.35(a) and 11.61 of the Rules.16  

     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, Three D Radio, 
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 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, 
Los Angeles Office, 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. 20554.17  

     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 for Forfeiture shall be sent by Certified 
Mail, Return Receipt Requested, and regular mail to Three D 
Radio, Inc., P.O. Box 908, Twenty Nine Palms, California 92277.  

                              
                              FEDERAL COMMUNICATIONS COMMISSION




                              Catherine Deaton
                              District Director
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau

Enclosure:  FCC List of Small Entities
_________________________

1On May 24, 2004, the licenses of KQYN(AM), KDHI(FM) and KKJT(FM) 
were assigned from Three D Radio, Inc., to Three D Radio, Inc., 
Debtor-In-Possession. See File Nos. BAL-20040513AAX, BALH-
20040513AAY, BALH-20040513AAZ.  On July 6, 2004, the licenses of 
KDHI(FM) and KKJT(FM) were assigned from Three D Radio, Inc. 
Debtor-In-Possession, to Copper Mountain Broadcasting Company. 
See File No. BALH-20040518ACA.  The call sign for KKJT(FM) has 
been changed to KXCM(FM).  The call sign for KDHI(FM) has been 
changed to KQCM(FM).  Currently pending is an application to 
assign the license of KQYN(AM) from Three D Radio, Inc., Debtor-
In-Possession, to MCC Radio, LLC.  See File No. BAL-20040804AFP.
247 C.F.R. 11.35(a) and 11.61.
347 U.C.S.  503(b).
447 U.S.C.  503(b).
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 
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.  11.11 and 11.41.  
847 C.F.R.  11.1 and 11.21.  
947 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.  
10See 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).
1147 C.F.R.  11.35(a) and (b).  
12The 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.).  
1312 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R.  1.80.
14The 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.
1547 U.S.C.  503(b)(2)(D).  
1647 U.S.C.  503(b); 47 C.F.R.  0111, 0.311, 1.80, 11.35(a) 
and 11.61.  
17See 47 C.F.R.  1.1914.