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                  )
                                 )
Lazer Broadcasting Corporation    )         File No. EB-04-SD-135
                                 )
Licensee of Station KXRS          )                 NAL/Acct. No. 
Hemet, California                 )                  200532940001
Facility ID #36829                )
                                               FRN: 0000-0134-66


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                                      
Released:  January 25, 2005

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

I.   INTRODUCTION

     1.1.      In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that Lazer Broadcasting 
Corporation (``Lazer''), the licensee of FM Broadcast radio 
station KXRS in Hemet, California, apparently willfully and 
repeatedly violated Section 11.35 of the Commission's Rules 
(``Rules''),1 by failing to maintain operational EAS equipment.  
We conclude, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended (``Act''),2 that Lazer is apparently 
liable for a forfeiture in the amount of eight thousand dollars 
($8,000).

II.  BACKGROUND

     1.2.      On July 30, 2004, agents from the Federal 
Communications Commission's (``FCC'') San Diego Office conducted 
an EAS inspection at the main studio of KXRS located at 2627 
West Florida Avenue, Suite 109, Hemet, California.  Although EAS 
equipment was installed, the agents found that it was not 
operational at the time of inspection.  No audio from the EAS 
receivers for the designated first and second local primary 
stations (LP-1 and LP-2) could be heard.   In addition, at the 
request of the agents, the LP-1 station ran a required weekly 
test (``RWT'') during the inspection and the station's EAS 
equipment could not detect the activation.  The Chief Operator 
of KXRS advised the agents that the station's EAS printouts 
served as its EAS log for the required received and transmitted 
EAS tests.  The EAS printouts generated by the EAS 
Encoder/Decoder indicated that from December 18, 2003 through 
July 30, 2004,  KXRS did not receive or transmit any required 
monthly tests (``RMTs'')and transmitted only two RWTs.  
Specifically, from December 18, 2003, through July 30, 2004, the 
day of the inspection, there were no logs of any RMTs being 
received or transmitted.  The printouts that were available 
indicated that the LP-2 station was not being monitored and that 
no RWT from the LP-1 station was received during this period of 
time.  No log entries existed in any station log identifying the 
cause of any equipment failures or any actions taken to remedy 
any equipment failures.
  
     1.3.      On October 25, 2004, the FCC's San Diego office 
sent a letter of inquiry (``LOI'') to Lazer concerning the 
operation and condition of the KXRS EAS equipment and questioned 
the station's recordkeeping of outages and repairs.3  In its 
response to the LOI, Lazer admitted that the power supply of 
their EAS equipment failed in the ``fall of 2003 rendering the 
EAS unit inoperable until the new power supply was restored on 
approximately August 1, 2004.''4  Lazer also acknowledged that 
it did not make a request to the local FCC office to operate 
without EAS equipment beyond 60 days as required by Section 
11.35(c) of the Rules.5  Finally, Lazer also admitted that their 
Chief Operator did not keep appropriate records of the EAS tests 
or repairs.

III.      DISCUSSION

     1.4.      Section 503(b) of the Act provides that any person 
who willfully fails to comply substantially with the terms and 
conditions of any license, or willfully 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.6  The term ``repeated'' means 
the commission or omission of such act more than once or for 
more than one day.7

     1.5.      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.8  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.9  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.10  Required monthly and weekly tests originate from 
EAS Local or State Primary sources and must be retransmitted by 
the participating station.

     1.6.      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  

     1.7.      Section 11.61(a)(1) and (2) 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.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.  
Appropriate entries must be made in the broadcast station log as 
specified in Sections 73.1820 and 73.1840 of this chapter [...] 
indicating reasons why any tests were not received or 
transmitted.13

     1.8.      A comprehensive review of the station log for the 
period beginning December 18, 2003 through July 30, 2004, 
revealed that KXRS did not receive or transmit any RMTs from the 
designated LP-1 and LP-2 stations.  Additionally, no RWTs were 
received and only two RWTs were transmitted during this period 
of time.  There were no appropriate entries made in the station 
log to indicate reasons why tests were not received or 
transmitted.  In response to the letter of inquiry sent by the 
San Diego Office, Lazer admitted that the Chief Operator of KXRS 
did not keep appropriate records of the EAS tests, nor were 
records kept explaining any repairs or discrepancies. The 
response also stated that the power supply for the KXRS EAS 
equipment failed in the fall of 2003, and rendered the EAS unit 
inoperable until the power supply was restored on approximately 
August 1, 2004.  Lazer was aware in the fall of 2003 that its 
EAS equipment was inoperable and that the equipment was failing 
to receive or transmit the required monthly and weekly tests.  
Consequently, Lazer's violation was willful.  Lazer's violation 
occurred on more than one day, therefore, it was repeated.  
Based on the evidence before us, we find that Lazer apparently 
willfully and repeatedly violated Section 11.35 of the Rules, by 
failing to maintain operational EAS equipment.

     1.9.      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 
base forfeiture for EAS equipment not installed or operational 
is $8,000.  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 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.14  Applying the Forfeiture 
Policy Statement, Section 1.80, and the statutory factors, we 
conclude that Lazer is apparently liable for a forfeiture in the 
amount of $8,000.



IV.  ORDERING CLAUSES

     1.10.     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, 
Lazer Broadcasting Corporation is hereby NOTIFIED of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of eight 
thousand dollars ($8,000) for violating Section 11.35 of the 
Commission's Rules.15

     1.11.     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, Lazer 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.

     1.12.     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.

     1.13.     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.

     1.14.     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.

     1.15.     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

     1.16.     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 Lazer 
Broadcasting Corporation, 2627 W. Florida Avenue, Suite 109, 
Hemet, CA  92545.

                              FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

147 C.F.R.  11.35.
247 U.S.C.  503(b).
3Letter from William R. Zears, FCC San Diego District Office to 
Lazer Broadcasting Corporation (October 25, 2004).
  
4Letter from Lazer Broadcasting Corporation, to William R. Zears, 
District Director, San Diego Office (November 8, 2004).

547 C.F.R.  11.35(c).

6Section 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).

7Section 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.''
847 C.F.R.  11.11 and 11.41.

947 C.F.R.  11.1 and 11.21.

1047 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.

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).

1347 C.F.R.  73.1820 and 73.1840.

1447 U.S.C.  503(b)(2)(D).

1547 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, and 11.35.
16See 47 C.F.R.  1.1914.