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

In the Matter of                  )
                                 )
Farmworkers Educational Radio     )         File No. EB-05-SD-072
Network, Inc.                     )
                                 )                 NAL/Acct. No. 
Licensee of Station KCEC-FM       )                  200532940003
Wellton, Arizona                  )
Facility ID #36829                              FRN: 0010-0576-85



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                                                                                              
Released:  July 20, 2005


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 Farmworkers Educational Radio 
Network, Inc. (``Farmworkers''), the licensee of FM Broadcast 
Radio station KCEC-FM in Wellton, Arizona, apparently repeatedly 
violated Section 11.35 of the Commission's Rules (``Rules''),1 
by failing to ensure the operational readiness of KCEC-FM's 
Emergency Alert System (``EAS'') equipment.  We conclude, 
pursuant to Section 503(b) of the Communications Act of 1934, as 
amended (``Act'')2, that Farmworkers is apparently liable for a 
forfeiture in the amount of eight thousand dollars ($8,000).

II.  BACKGROUND

     1.2.      On April 8, 2005, an agent from the Commission's 
San Diego Office conducted an inspection at the main studio of 
KCEC-FM located at 670 E. 32nd Street, Suite 12A, Yuma, Arizona.  
Although EAS equipment was installed, the agent 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.   At the 
request of the agent, the designated LP-1 and LP-2 stations ran 
a required weekly test (RWT) during this inspection and the 
station's EAS equipment did not detect the activation.  A review 
of the EAS log and printouts generated by the EAS 
Encoder/Decoder indicated that from January 2004 through April 
2005, only four monthly tests (RMT) were received from the local 
primary stations and none of these tests were retransmitted.  
EAS logs also indicated that numerous RWTs were not transmitted 
by KCEC-FM and numerous RWTs were not received from either 
designated LP-1 or LP-2 stations during this same period.  No 
entries were made by KCEC-FM staff in the EAS log to identify 
the causes of these failures or what steps were taken to remedy 
any failures.  

     1.3.      On April 22, 2005, the San Diego agent spoke with 
the KCEC-FM's Chief Engineer.  The Chief Engineer acknowledged 
that problems were found with the EAS equipment during the 
engineer's inspection of the station's EAS equipment on April 9, 
2005.  Specifically, he indicated that the EAS equipment was 
originally set for the automatic mode to receive and to forward 
the information received for the tests from the local primary 
stations.  However, the EAS equipment was switched to the manual 
mode, requiring a staff person to manually resend the RMT.  
Also, the Chief Engineer indicated that the EAS receivers were 
not connected properly to a power source which explained why the 
tests sent by the LP-1 and LP-2 had not been received by KCEC-
FM.  

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.3  The term ``repeated'' means 
the commission or omission of such act more than once or for 
more than one day.4

     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.5  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.6  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.7  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.8  

     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.9  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, indicating reasons 
why any tests were not received or transmitted.10

     1.8.      A comprehensive review of the station log for a 
period of 15 months, January 1, 2004 through April 8, 2005, 
revealed that KCEC-FM received only four of the RMTs and did not 
transmit any of these tests.  Also, during the same period, 
KCEC-FM did not did not transmit RWTs for a total of 23 weeks.  
Additionally, KCEC-FM did not receive any of the required weekly 
tests from the designated local primary stations from June 27, 
2004 through April 2, 2005, apparently because the EAS receivers 
were not plugged in.  There were no appropriate entries made in 
the EAS log to indicate reasons why any tests were not received 
or transmitted.11  In a telephone conversation with a San Diego 
agent, the KCEC-FM Chief Engineer acknowledged that he found 
problems with the EAS equipment when he inspected it the day 
after the FCC inspection.  Specifically, he acknowledged that 
the tests from the LP-1 and LP-2 were not received by KCEC-FM 
because the receivers connected to the EAS equipment were not 
properly connected to a power source.  He also acknowledged that 
the EAS equipment was set to the manual mode, requiring a staff 
person to manually resend the RMT.
 
     1.9.      Farmworkers failed to maintain the EAS equipment 
installed at KCEC-FM for a period of over 15 months and, 
consequently, numerous RMTs and RWTs were not received or 
transmitted.  Therefore, Farmworkers' violation is repeated.  
Based on the evidence before us, we find that Farmworkers 
Educational Radio Network, Inc., apparently repeatedly violated 
Section 11.35 of the Rules, by failing to ensure the operational 
readiness of the EAS equipment at KCEC-FM.

     1.10.     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.''12  Applying the Forfeiture 
Policy Statement, Section 1.80 and the statutory factors, we 
conclude that Farmworkers is apparently liable for a forfeiture 
in the amount of $8,000. 

IV.  ORDERING CLAUSES

     1.11.     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, 
Farmworkers Educational Radio Network Inc. is hereby NOTIFIED of 
their APPARENT LIABILITY FOR A FORFEITURE in the amount of eight 
thousand dollars ($8,000) for violating Section 11.35 of the 
Commission's Rules.13

     1.12.     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, Farmworkers 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.

     1.13.     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 bycheck or 
money order may be mailed to Federal Communications Commission, 
P.O. Box358340,Pittsburgh, PA 15251-8340. Payment by 
overnight mail may be sent toMellon Bank/LB358340,500 Ross 
Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire 
transfer may be made to ABA Number043000261, receiving 
bankMellon Bank, and account number911-6106  

     1.14.     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 
above.

     1.15.     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.

     1.16.     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. 20554.14

     1.17.     IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT 
LIABILITY shall be sent, by Certified Mail, Return Receipt 
Requested to Farmworkers Educational Radio Network Inc. at its 
address of record.


                              FEDERAL COMMUNICATIONS COMMISSION




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


_________________________

147 C.F.R.  11.35.
247 U.S.C.  503(b).
3Section 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). 
4Section 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.''
547 C.F.R.  11.11 and 11.41.
647 C.F.R.  11.1 and 11.21.
747 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.
847 C.F.R.  11.35(a) and (b).
9The 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).
1047 C.F.R.  73.1820 and 73.1840.
11Additionally, no request was sent to the District Director of 
the San Diego District Office notifying the office of the 
defective equipment and requesting additional time to repair the 
equipment, as required pursuant to Section 11.35(c) of the Rules.  
47 C.F.R.  11.35(c).
12 47 U.S.C.  503(b)(2)(D).
13 47 U.S.C.  503(b), 47C.F.R.   0.111, 0.311, 1.80, 11.35.
14 See 47 C.F.R.  1.1914.