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

In the Matter of                 )
                                 )
WSKQ Licensing, Inc.             )        File Number EB-05-NY-058
                                 )
Licensee of Station WSKQ-FM      )
New York, New York               )                FRN 0004 9768 82
Facility ID #61641               )

And:

WPAT Licensing, Inc.             )        File Number EB-05-NY-059
                                 )
Licensee of Station WPAT-FM      )
Paterson, NJ                     )                FRN 0004 9765 10
Facility ID #  51663             )
                                 )
                                 )      NAL/Acct. No. 200632380003



               
             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                               Released: December 
                                                         21, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that WSKQ Licensing, Inc. (``WSKQ''), the 
 licensee of FM Broadcast station WSKQ-FM in New York, New York, 
 and WPAT Licensing, Inc. (``WPAT''), licensee of FM Broadcast 
 station WPAT-FM in Paterson, New Jersey, apparently willfully 
 and repeatedly violated Section 11.35(a) of the Commission's 
 Rules ("Rules")1 by failing to maintain fully operational 
 Emergency Alert System (``EAS'') equipment.  We conclude, 
 pursuant to Section 503(b) of the Communications Act of 1934, 
 as amended (``Act'')2, that WSKQ and WPAT apparently are 
 jointly liable for a forfeiture in the amount of eight thousand 
 dollars ($8,000).

II.  BACKGROUND

      2.  The parent company of WSKQ and WPAT is the Spanish 
 Broadcasting System. Stations WSKQ-FM and WPAT-FM are co-
 located at a main studio in New York, NY. Each station has its 
 own EAS Encoder and Decoder, but shares a common set of radio 
 receivers for monitoring EAS tests and alerts.3

      3.  On March 3, 2005, an agent from the Commission's New 
 York Office conducted an inspection at the main studio of WSKQ-
 FM and WPAT-FM located at 26 West 56th Street, New York, NY 
 10019, with the stations' chief operator.  Although EAS 
 Encoders and Decoders were installed for each station, the 
 agent found that the EAS system was not fully operational at 
 the time of inspection.  The agent could not hear any audio 
 from any designated first and/or second local primary stations 
 (LP-1 and LP-2) from the EAS decoders' built-in speakers.  The 
 agent observed that, for each station, the EAS Decoder's audio 
 inputs were not connected to the stations' shared set of EAS 
 monitoring receivers and therefore neither station's EAS 
 equipment was capable of monitoring any broadcast stations for 
 EAS alerts or tests.  The chief operator contemporaneously 
 stated to the agent that the receivers were not connected 
 properly to the EAS equipment.

      4.  On March 17, 2005, the agent continued his 
 investigation of WSKQ-FM and WPAT-FM with the stations' chief 
 operator.  The agent conducted a comprehensive review of each 
 station's EAS logs, including the printouts generated from the 
 EAS encoder/decoder.  The EAS logs showed that, for each 
 station, no required weekly or monthly EAS tests were received 
 and no monthly EAS tests were transmitted from December 1, 2004 
 to March 14, 2005.  There were no log entries indicating why 
 the EAS weekly or monthly tests were not received, no logs 
 indicating when the system became inoperative, and no log 
 entries identifying the cause of any equipment failures or any 
 actions taken to remedy any equipment failures. There were no 
 EAS logs present at all for any time before December 2004.  The 
 agent conducted a search of the FCC's records and found no 
 evidence that WSKQ or WPAT had notified the FCC regarding 
 defective equipment.

      5.  The chief operator stated during the March 17, 2005 
 inspection that, because of maintenance work, the receivers 
 used to monitor the EAS sources were not connected from July 1, 
 2004 to March 9, 2005.  He stated that he had been aware of the 
 condition of the EAS equipment since July 2004, and that the 
 receivers were connected and became operational as of March 9, 
 2005.  The EAS printouts showed that a weekly test was received 
 on March 15, 2005.

      6.  On April 6, 2005, the New York Office sent Letters of 
 Inquiry (``LOI'') to both WSKQ and WPAT, at the stations' 
 corporate office, requesting information regarding the 
 operation of the EAS equipment.  In a response dated April 26, 
 2005, on behalf of WSKQ, Spanish Broadcasting System's 
 Executive Vice President, Joseph A. Garcia indicated that, as a 
 result of maintenance work, its EAS equipment was not connected 
 to the required monitoring equipment from July 1, 2004 to March 
 9, 2005.4  Mr. Garcia reported that the EAS equipment was 
 restored to full working condition on March 9, 2005.5

III.      DISCUSSION

      7.  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.  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

      8.  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.

      9.  Section 11.35(a) of the Rules requires all broadcast 
 stations to ensure that EAS encoders, EAS decoders, 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

      10.                       Sections 11.61(a)(1) and 
 11.61(a)(2) of the Rules require broadcast stations to receive 
 monthly EAS tests from designated local primary EAS sources and 
 retransmit the monthly test within 60 minutes of its receipt 
 and to 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.  Section 11.61(b) of the Rules 
 requires that entries of each test and activation of the EAS 
 must be made in the broadcast station log as specified in 
 Sections 73.1820 and 73.1840 of the Rules.13

      11.                       During an inspection by a 
 Commission agent on March 3, 2005, WSKQ's and WPAT's EAS 
 equipment was not fully operational.  The agent could not hear 
 any audio from the EAS decoders built-in speakers due to the 
 stations' failure to connect the receivers to the EAS 
 equipment.  This failure prevented WSKQ and WPAT from 
 monitoring any broadcast stations for EAS alerts or tests.

      12.                       A comprehensive review of the 
 stations' EAS logs by the agent on March 17, 2005, showed that, 
 for each station, no monthly tests were received or 
 transmitted, and no weekly tests were received from December 1, 
 2004 to March 14, 2005.  There were no logs indicating why any 
 tests were not received, no logs indicating when the system 
 became inoperative, and no logs identifying the cause of any 
 equipment failures or any actions taken to remedy any equipment 
 failures. There were no EAS logs present at all for any time 
 before December, 2004.

      13.                       During the March 17, 2005 
 inspection, the chief operator stated to the agent that, 
 although he became aware on July 1, 2004 that the receivers 
 were not connected to the EAS equipment, the receivers remained 
 unconnected until March 9, 2005.  In its response to the April 
 6, 2005 Letter of Inquiry on behalf of its station WSKQ, 
 Spanish Broadcasting System confirmed that the receivers had 
 not been properly connected from July 1, 2004 to March 9, 2005.

      14.      WSKQ and WPAT were aware that their EAS equipment 
 was not fully operational as of July 1, 2004, but the EAS 
 equipment did not become fully operational until March 9, 2005. 
 The stations' violation therefore was willful.  Because the 
 violation continued for more than one day, it was repeated.  

      15.      Based on the evidence before us, we find that WSKQ 
 and WPAT apparently willfully and repeatedly violated Section 
 11.35(a) of the Commission's Rules ("Rules")14 by failing to 
 maintain operational Emergency Alert System (EAS) equipment.

      16.      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"), and Section 1.80 of the Rules, the base forfeiture 
 amount for EAS equipment not installed or operational is 
 $8,000.15  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 violations, 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.16  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors to the 
 instant case, we conclude that WSKQ and WPAT are apparently 
 jointly liable for a ($8,000) forfeiture.

IV.  ORDERING CLAUSES

      17.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, WSKQ Licensing, Inc. and WPAT Licensing, Inc. are hereby 
 NOTIFIED of their APPARENT JOINT LIABILITY FOR A FORFEITURE in 
 the amount of eight thousand dollars ($8,000) for violations of 
 Section 11.35 of the Rules.17

      18.      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, WSKQ Licensing, Inc. and WPAT Licensing, Inc. 
 JOINTLY SHALL PAY the full amount of the proposed forfeiture or 
 SHALL FILE a written statement seeking reduction or 
 cancellation of the proposed forfeiture.

      19.      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.

      20.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, New York Office, 201 Varick Street, New York, NY 10014 
 and must include the NAL/Acct. No. referenced in the caption.

      21.      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.

      22.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 2055418

      23.      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 WSKQ 
 Licensing, Inc. and WPAT Licensing, Inc. at their address of 
 record.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Daniel W. Noel
                              District Director,
                              New York Office
                              Northeast Region
                              Enforcement Bureau



_________________________

147 C.F.R.  11.35(a).
247 U.S.C.  503(b).
3Section  11.52(c)  of  the  Rules  provides  that  ``[b]roadcast 
stations . . . that are  co-owned and co-located with a  combined 
studio or  control  facility  .  . .  may  comply  with  the  EAS 
monitoring  requirements  contained  in  this  section  for   the 
combined station or system with  one EAS Decoder.''  47 C.F.R.   
11.52(c).
4We also  note  that  the  corporate  engineer  for  the  Spanish 
Broadcasting System stated to the  agent that, although WPAT  did 
not receive the Letter of  Inquiry, its response would have  been 
the same  as  WSKQ's response.   We  therefore are  treating  the 
response submitted on  behalf of  WSKQ as the  response for  both 
stations.
5We note that, in response to the LOI, WSKQ reported that the New 
York State EAS Plan inadvertently  failed to include WSKQ or  its 
LP-1 and  LP-2 designations.   This  fact has  no impact  on  the 
instant Notice  of  Apparent Liability,  which  is based  on  the 
stations' failure to maintain  operational EAS equipment and  not 
which stations they should have  been monitoring.  That is,  even 
if the stations had received monitoring assignments under the New 
York State EAS  Plan, the stations'  receivers were not  properly 
connected to the  EAS equipment and  therefore the stations  were 
not capable of monitoring any stations.
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).  Section 11.35(c) of the  Rules 
also  provides  that  if  repair  or  replacement  of   defective 
equipment is not  completed within 60  days, an informal  request 
shall be  submitted to  the District  Director of  the FCC  field 
office serving  the  area  in  which  the  broadcast  station  is 
located.  47 C.F.R. 11.35(c).
1247 C.F.R.  11.61(a)(1) and (a)(2).
1347 C.F.R.  11.61(b), 73.1820, 73.1840.
1447 C.F.R.  11.35.
1512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1647 U.S.C.  503(b)(2)(D).
1747 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 
11.35.
18See 47 C.F.R.  1.1914.