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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                            
     Zia Broadcasting Company                                    
     Licensee of:                                                
                                )    File Numbers: EB-07-DV-054  
                                )                  EB-07-DV-055  
     Clovis, New Mexico                                          
                                )   NAL/Acct. No.: 200732800004  
     Facility ID # 74565                                         
                                )               FRN: 0005035357  
     Clovis, New Mexico                                          
     Facility ID # 74563                                         


                                                      Released: June 18, 2007

   By the District Director, Denver Office, Western Region, Enforcement


    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Zia Broadcasting Company ("Zia"), licensee of stations KCLV(AM)
       and KCLV-FM in Clovis, New Mexico, apparently repeatedly violated
       Section 11.35(a)  of the Commission's Rules ("Rules") by failing to
       ensure the operational readiness of the KCLV(AM) and KCLV-FM Emergency
       Alert System ("EAS") equipment. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that Zia
       is apparently liable for a forfeiture in the amount of six thousand
       dollars ($6,000).


    2. On January 10, 2007, an agent from the Enforcement Bureau's Denver
       Office conducted an inspection of KCLV(AM) and KCLV-FM at the
       station's main studio location of 2112 North Thornton Street, in
       Clovis, New Mexico, during normal business hours. At the time of
       inspection, the EAS equipment was shared by both stations and found to
       be properly operating. However, a review of the EAS logs showed
       missing received and transmitted required monthly tests ("RMT") as
       well as missing received required weekly tests ("RWT") for the period
       beginning October 2006 through December 2006. The chief engineer
       acknowledged to the Denver agent that EAS equipment shared by KCLV(AM)
       and KCLV-FM had been having technical problems. Records at the studio
       indicated that the Burk EAS unit was sent back to the factory in
       December 2006 and returned to service on January 2, 2007. At no point
       after discovery of the EAS operational problems did Zia request
       permission from the FCC's Denver District Director to operate without
       operational EAS equipment.

    3. On January 30, 2007, a Denver agent telephoned the general manager for
       KCLV (AM) and KCLV-FM and requested additional EAS logs for the
       preceding two year period.

    4. On February 8, 2007, a copy of the EAS logs was delivered to the
       Denver Office. A review of the EAS records revealed a continuing
       problem with receiving and retransmitting RMT's and receiving RWT's
       for the period from March 2006 through December 2006. In the cover
       letter sent with the EAS logs, the Chief Engineer stated that the EAS
       unit became partially defective in March 2006. The Chief Engineer also
       stated that the EAS unit continued to receive the RWT's and RMT's but
       did not print the RWT's and RMT's or log them in the EAS unit. The EAS
       logs contained notes made by the Chief Engineer in response to the
       Denver Office's inspection stating that the stations' program logs
       indicated that RWT's were sent from March 2006 to December 2006, but
       no RMT's were transmitted from at least June 2006 to December 2006.
       The EAS equipment failure was first logged in November 2006.


    5. 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.

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

    7. 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. 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. 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.

    9. A review of KCLV(AM) and KCLV-FM's EAS logs for the period March 2006
       through December 2006 revealed that the stations did not receive and
       transmit RMT's from the required EAS monitoring sources. There were no
       entries made in the EAS log to indicate reasons why these tests were
       not received or transmitted until November 2006. Zia's Chief Engineer
       acknowledged to a Denver agent that the stations' EAS equipment became
       "partially defective" in March 2006 and was returned to service on
       January 2, 2007. The Chief Engineer stated that the EAS equipment
       continued to receive all tests, but a chip failure in the equipment
       caused a failure of the equipment's logging and printing capabilities.
       However, no evidence was provided that any RMT's had been received or
       retransmitted, as required by the Rules, between March 2006 and
       December 2006. Zia failed to maintain the operational readiness of the
       EAS equipment installed at KCLV(AM) and KCLV-FM for a period of over
       nine months, therefore, Zia's violation is repeated.

   10. Based on the evidence before us, we find that Zia  apparently
       repeatedly violated Section 11.35(a) of the Rules by failing to ensure
       the operational readiness of the EAS equipment for stations KCLV(AM)
       and KCLV-FM.

   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 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 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. In this
       case, because Zia took steps to repair the stations' EAS equipment
       prior to the inspection by the Denver Office, we conclude a reduction
       in the base forfeiture amount is warranted. Applying the Forfeiture
       Policy Statement, Section 1.80, and the statutory factors to the
       instant case, we conclude that Zia is apparently liable for a $6,000


   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, Zia Broadcasting Company is
       amount of six  thousand dollars ($6,000) for violations of Section
       11.35(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, Zia Broadcasting Company
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed

   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, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303,  Lakewood, Colorado, 80226, 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 Zia Broadcasting Company.


   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 11.35(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."

   47 C.F.R. SS 11.11 and 11.41.

   47 C.F.R. SS 11.1 and 11.21.

   47 C.F.R. S 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

   47 C.F.R. S 11.35(a) and (b).

   47 C.F.R. S 11.61. 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).

   47 C.F.R. SS 73.1820 and 73.1840.

   Additionally, no request was sent to the District Director of the Denver
   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. S 11.35(c).

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

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 11.35(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)


   Federal Communications Commission


   Federal Communications Commission