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

In the Matter of               )
                              )
Hi-Favor Broadcasting, LLC     )        File Number:  EB-04-LA-174
                              )
Licensee of AM Broadcast       )        NAL/Acct. No. 200532900001
Station KLTX                   )                   FRN  0003784501
Pasadena, California



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  October 19, 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 Hi-Favor Broadcasting, LLC, ("Hi-Favor") 
licensee of station KLTX(AM) in Pasadena, California, has 
apparently repeatedly violated Sections 11.35(a) and 11.61(a)(2) 
of the Federal Communications Commission's Rules ("Rules") by 
failing to conduct required weekly 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 Hi-Favor Broadcasting, LLC is apparently liable for a 
forfeiture in the amount of two thousand dollars ($2,000).  

II.  BACKGROUND

     2.   On June 29, 2004, agents from the Los Angeles Office 
conducted an EAS inspection of station KLTX(AM).  The inspection 
revealed that station KLTX(AM) failed to consistently transmit 
the required weekly EAS tests (RWTs) over a several month period.  
Specifically, the required weekly EAS tests were not transmitted 
in a consistent manner for the time period beginning March 12, 
2004 through June 29, 2004.  Station program assistants 
acknowledged that the EAS equipment was not set up for automatic 
transmission of the required weekly tests, that these tests had 
to be performed manually and there was a failure to consistently 
do so.  The station engineer also acknowledged that the station 
failed to transmit the RWTs during that time period.  There were 
no EAS log entries to indicate any problem with, or malfunction 
of, the EAS equipment.  
  
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(a) 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.  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.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's EAS logs for 
the period from March 12, 2004, through June 29, 2004, revealed 
that KLTX(AM) was not transmitting the required weekly 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 
staff acknowledged that the tests were not being transmitted.  
Consequently, it appears that Hi-Favor was not transmitting the 
weekly tests, as required by Section 11.61(a)(2), and was not 
ensuring that the EAS equipment used by KLTX(AM) 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 Hi-Favor 
repeatedly violated Sections 11.35(a) and 11.61(a)(2) of the 
Rules by failing to conduct required weekly 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.   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"),11 the base forfeiture amount for failure to have EAS 
equipment installed or operational is $8,000.  The Forfeiture 
Policy Statement does not establish a base forfeiture amount for 
violating the Commission's rule requiring  transmission of the 
weekly EAS tests.  Therefore we must determine what an 
appropriate amount should be for this violation.12  The 
requirement that stations transmit the weekly EAS tests is 
similar in both nature and severity to other required operational 
readiness checks.  As failure to make measurements or conduct 
required monitoring carries a base forfeiture amount of $2,000, 
pursuant to the Forfeiture Policy Statement, the base forfeiture 
amount for failure to transmit EAS tests is set at $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 Act13, 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.  Applying the Forfeiture Policy Statement 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, Hi-
Favor Broadcasting, LLC 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(a)(2) of 
the Rules.14  

     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, Hi-Favor Broadcasting, 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 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. 20554.15  

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be  sent by Certified  Mail # 7001  2510 
0001  5861   0032,   Return  Receipt   Requested,   to   Hi-Favor 
Broadcasting, LLC, 136 S. Oak Knoll Avenue, Suite 202,  Pasadena, 
California, 91101.  


                              FEDERAL COMMUNICATIONS COMMISSION



                              Catherine Deaton
                              District Director
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau
_________________________

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

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).

10The 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.).  

1112 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).  

12The fact that the Forfeiture Policy Statement does not specify 
a base amount does not indicate that no forfeiture should be 
imposed.  The Forfeiture Policy Statement states that "any 
omission of a specific rule violation from the... [Forfeiture 
Policy Statement]...should not signal that the Commission 
considers any unlisted violation as nonexistent or unimportant." 
Forfeiture Policy Statement, 12 FCC Rcd at 17,099.  See e.g., 
American Tower Corporation, 16 FCC Rcd 1282 (2001).  

1347 U.S.C.  503(b)(2)(D).  

1447 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 11.35(a), 
and 11.61(a)(2).  

15See 47 C.F.R.  1.1914.