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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
     In the Matter of                      )                                
                                                                            
     Puget Sound Educational TV Inc.       )     File Number: EB-06-ST-111  
                                                                            
     Licensee of Television Station KWDK   )   NAL/Acct. No.: 200732980001  
                                                                            
     Tacoma, Washington                    )               FRN: 0008778623  
                                                                            
     Facility ID # 35419                   )                                
                                                                            
                                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: March 2, 2007

   By the District Director, Seattle District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Puget Sound Educational TV Inc. ("PSETV"), licensee of station
       KWDK, in Tacoma, Washington, apparently willfully and repeatedly
       violated Section 73.1125(a)  of the Commission's Rules ("Rules") by
       failing to maintain a local main studio. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that PSETV is apparently liable for a forfeiture in the amount of
       seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On Friday, May 12, 2006, agents from the Enforcement Bureau's Seattle
       Office attempted to conduct a routine broadcast inspection at the KWDK
       main studio at 18014 72^nd Avenue South, Kent, Washington, 98188. The
       agents discovered that the studio at that address was empty, dark, and
       unattended. An agent called the phone number listed in the Seattle
       Telephone Directory for KWDK and was connected to a voice mail box for
       the station that was full.

    3. On Monday, July 17, 2006, the Seattle Office issued a Letter of
       Inquiry ("LOI") to PSETV at their address of record, 500 Westgrove
       Lane, Colleyville, TX 76034. The LOI was sent via regular and
       certified mail. Both copies of the LOI were returned to the Seattle
       Office as undeliverable.

    4. On Wednesday, July 26, 2006, an agent from the Seattle Office
       telephoned the number listed for PSETV. The telephone was answered as
       "Daystar." The agent asked to speak with the President of PSETV. The
       agent spoke with a representative of PSETV and asked for the location
       of the main studio for KWDK. After some research, the representative
       provided the address as: 18000 Pacific Highway So., Suite 1007,
       Seattle, WA 98188, ("Pacific Highway Location").

    5. On Monday, August 21, 2006, at 12:30 p.m., Seattle agents attempted to
       inspect the KWDK main studio at the Pacific Highway Location and found
       the office locked, dark, and unattended. On Tuesday, August 22, 2006,
       at 11:40 a.m., a Seattle agent again attempted to inspect the KWDK
       main studio and found the office locked, dark, and unattended. The
       agent called the listed telephone number and got a recorded message
       that the voice mail box was full.

    6. On Wednesday, August 23, 2006, at 9:30 a.m., a Seattle agent again
       attempted to inspect the KWDK main studio at the Pacific Highway
       Location and found the office locked, dark, and unattended. On
       Thursday, August 31, 2006, at 12:45 p.m., a Seattle agent again
       attempted to inspect the KWDK main studio and found the office locked,
       dark, and unattended.

    7. On Tuesday, October 24, 2006, at 12:30 p.m. and at 2:35 p.m., Seattle
       agents attempted to inspect the KWDK main studio at the Pacific
       Highway Location and found the office locked, dark, and unattended. On
       Wednesday, November 8, 2006, at 2:55 p.m., Seattle agents again
       attempted to inspect the KWDK main studio and found the office locked,
       dark, and unattended.

    8. On Wednesday, December 6, 2006, a Seattle agent telephoned the new
       number listed for PSETV. The telephone was answered as "Daystar." The
       Seattle agent identified himself and asked to speak with someone
       responsible for KWDK. Eventually, the agent spoke with the Regulatory
       Affairs Manager. The agent asked the Regulatory Affairs Manager if he
       was aware of the FCC requirement to maintain a main studio and if KWDK
       had an FCC waiver of the requirement to maintain a main studio. The
       Regulatory Affairs Manager replied that he was aware of the main
       studio requirement and that KWDK did not have a waiver of the rule
       requirement to maintain a main studio. The Regulatory Affairs Manager
       also stated that the "Master Control" Operator for KWDK had quit a few
       months ago and a replacement had just been hired starting on November
       30, 2006.

   III. DISCUSSION

    9. 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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

   10. Section 73.1125(a) of the Rules requires the licensee of a broadcast
       station to maintain a main studio in its community of license. The
       station's main studio must serve the needs and interests of the
       residents of the station's community of license. In particular, the
       main studio must be accessible to the public during normal business
       hours "[t]o assure meaningful public participation in [the
       Commission's] licensing process." To fulfill these functions, a
       station must, among other things, maintain a meaningful managerial and
       staff presence at its main studio. The Commission has defined a
       minimally acceptable "meaningful presence" as full-time managerial and
       full-time staff personnel. In addition, there must be "management and
       staff presence" on a full-time basis during normal business hours to
       be considered "meaningful." Although management personnel need not be
       "chained to their desks" during normal business hours, they must
       "report to work at the main studio on a daily basis, spend a
       substantial amount of time there and ... use the studio as a home
       base." The site held out by PSETV as the main studio location for KWDK
       had no public access, and no staff presence. The PSETV Regulatory
       Affairs Manager admitted he was aware of the main studio requirement,
       and therefore, the violation was willful. The failure to maintain a
       main studio occurred on more than one day, therefore, it was repeated.
       Based upon the evidence before us, we find that PSETV, apparently
       willfully and repeated violated Section 73.1125(a) of the Rules, by
       failing to maintain a local main studio.

   11. 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 failing to comply with the main studio
       requirements is $7,000. 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 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. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that PSETV is
       apparently liable for a $7,000 forfeiture.

   IV. ORDERING CLAUSES

   12. 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, Puget Sound Educational TV,
       Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of seven  thousand dollars ($7,000) for violations of
       Section 73.1125(a) of the Rules.

   13. 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, Puget Sound Educational
       TV, Inc., SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   14. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Seattle District
       Office, 11410 NE 122^nd Way, Suite 312, Kirkland, WA 98034-6927 and
       must include the NAL/Acct. No. referenced in the caption.

   16. 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.

   17. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   18. 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 Puget Sound Educational TV Inc., at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Kristine A. McGowan

   District Director

   Seattle District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1125(a).

   47 U.S.C. S 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3218 (1987),
   clarified 3 FCC Rcd 5024, 5026 (1988).

   2 FCC Rcd at 3217-18.

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991),
   clarified 7 FCC Rcd 6800 (1992).

   Id.

   7 FCC Rcd at 6802.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1125(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission