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

In the Matter of                  )
                                 )
KPAL Television Inc.              )         File No. EB-05-LA-264
                                 )
Licensee of Station KPAL-LP       )                 NAL/Acct. No: 
Palmdale, CA                      )                  200632900003 
Facility ID #22179                )
                                                 FRN: 0009931254


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                                     
Released:  February 9, 2006

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:
                                   

I.   INTRODUCTION

     1.1.      In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that KPAL Television Inc. 
("KPAL"), licensee of KPAL-LP, a Class A Television station in 
Palmdale, California, apparently willfully and repeatedly 
violated Section 11.35(a) of the Commission's Rules 
(``Rules''),1 by failing to ensure the operational readiness of 
KPAL-LP's Emergency Alert System (``EAS'') equipment.  We 
conclude, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended (``Act''),2 that KPAL is apparently liable 
for a forfeiture in the amount of eight thousand dollars 
($8,000).

II.  BACKGROUND

     1.2.      On November 1, 2005, an agent from the Enforcement 
Bureau's Los Angeles Office conducted a broadcast inspection of 
KPAL-LP's EAS equipment.  The inspection revealed that KPAL-LP's 
EAS equipment was not operational.  Specifically, the agent 
found that the EAS equipment was not connected to the station 
transmitter, that the EAS equipment was programmed to monitor 
only one local primary (``LP-1'') source, and that the station 
had not received or transmitted a required monthly test 
(``RMT'') for over 18 months.   

     1.3.      On November 2, 2005, the Los Angeles Office 
arranged for the LP-1 to transmit a required weekly test 
(``RWT'').  The test revealed that KPAL-LP's EAS equipment 
failed to receive the RWT.

     1.4.      On November 3, 2005, the Los Angeles Office 
received a fax from KPAL stating that the EAS equipment at KPAL-
LP had been installed and was now receiving the LP-1 and LP-2 
stations.3  Later that day the Los Angeles Office received a 
telephone call from KPAL-LP's station engineer.  He stated that 
subsequent to the apparently successful installation of the EAS 
equipment earlier that day, the EAS equipment battery had 
sequentially failed causing the EAS equipment to lose all data 
in the system memory.

     1.5.      On November 4, 2005, the Los Angeles Office 
received a telephone call from KPAL-LP's station engineer.  He 
stated that the EAS equipment was not functioning properly and 
needed to be returned to the factory for repairs.  On November 
10, 2005, KPAL faxed the Los Angeles District Director a copy of 
the Return Authorization Form from the EAS equipment 
manufacturer.

     1.6.      Los Angeles agents had previously inspected KPAL-
LP's EAS equipment on May 25, 2004, and June 4, 2004.  On both 
occasions, the agents observed that the EAS equipment was not 
connected to an antenna, that the equipment was not connected to 
the station transmitter, and that the equipment was not 
programmed to receive the designated LP-1 or LP-2 sources.  
Additionally, at both prior inspections, the station did not 
have an EAS log, a Los Angeles County EAS plan or an EAS 
handbook.  During both of the 2004 inspections, KPAL-LP staff 
was informed by the Los Angeles agents that KPAL-LP was required 
to have operational EAS equipment.

III.      DISCUSSION

     1.7.      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.4  The term ``repeated'' means 
the commission or omission of such act more than once or for 
more than one day.5

     1.8.      The Rules provide that every AM, FM and Television 
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.

     1.9.      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.  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.9  

     1.10.     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.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.  
Appropriate entries must be made in the broadcast station log as 
specified in Sections 73.1820 and 73.1840, indicating reasons 
why any tests are not received or transmitted.11

     1.11.     Inspections by Los Angeles agents revealed that 
KPAL failed to ensure the operational readiness of the KPAL-LP 
EAS equipment from May 2004 to November 2005.  On May 25, 2004, 
June 4, 2004, and November 1, 2005, Los Angeles agents informed 
KPAL staff that KPAL-LP was required to have operational EAS 
equipment.  Therefore, KPAL's violation was willful.  The 
violation occurred on more than one day, therefore, it is 
repeated.  Based on the evidence before us, we find that KPAL 
Television Inc., apparently willfully and repeatedly violated 
Section 11.35(a) of the Rules, by failing to ensure the 
operational readiness of KPAL's EAS equipment.

     1.12.     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 the KPAL Television Inc., is apparently liable for 
a forfeiture in the amount of $8,000. 

IV.  ORDERING CLAUSES

     1.13.     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, 
KPAL Television Inc., is hereby NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of eight thousand 
dollars ($8,000) for violating Section 11.35(a) of the 
Commission's Rules.13

     1.14.     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, KPAL Television Inc., SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture.

     1.15.     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.  

     1.16.     The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
California 90703 and must include the NAL/Acct. No. referenced 
above.

     17.    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.

     18.     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. 
20554.14

     19.     IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT 
LIABILITY shall be sent, by Certified Mail, Return Receipt 
Requested to KPAL Television Inc., at its address of record.




                              FEDERAL COMMUNICATIONS COMMISSION




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

1 47 C.F.R.  11.35(a).
2 47 U.S.C.  503(b).
3 KPAL stated that it was also in the process of requesting a 
wavier to monitor FM station 106.7 MHz as one of its LP stations.
44 Section 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). 
5 Section 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.''
6 47 C.F.R.  11.11 and 11.41.
7 47 C.F.R.  11.1 and 11.21.
8 47 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.
9 47 C.F.R.  11.35(a)(a) and (b).
10 The 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, 17 FCC Rcd 4055 (2002) (effective May 16, 
2002, the required monthly EAS test must be retransmitted within 
60 minutes of receipt).
11 47 C.F.R.  73.1820 and 73.1840.
12 47 U.S.C.  503(b)(2)(D).
13 47 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 11.35(a).
14 See 47 C.F.R.  1.1914.