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


In the Matter of                        )    File No. EB-02-
LA-143                                            )    
Smith Broadcasting of Santa Barbara, LP )    NAL/Acct. No. 
200232900007
                              )
Licensee of Station KEYT(AM)            )    FRN 0001650019
                              )
Santa Barbara, California               )    

                MEMORANDUM OPINION AND ORDER

     Adopted:  April 30, 2003                     Released:  
May 2, 2003

By the Chief, Enforcement Bureau:

                      I.   INTRODUCTION

     1.   In this Memorandum  Opinion and Order (``Order''), 
we  cancel  an  eight  thousand dollar  ($8,000)  Notice  of 
Apparent Liability for Forfeiture (``NAL'')1 issued to Smith 
Broadcasting of  Santa Barbara, LP (``Smith''),  licensee of 
Station KEYT(AM), for  apparently violating Section 11.35(a) 
of  the   Commission's  Rules  (``Rules'').2    The  alleged 
violation  involves  Smith's  failure  to  have  operational 
Emergency  Alert  System   (``EAS'')  equipment  at  Station 
KEYT(AM) from December 30, 2001 through February 13, 2002.

                       II.  BACKGROUND

     2.   On February  13, 2002, Commission agents  from the 
Los   Angeles,  California   Field  Office   (``Los  Angeles 
Office'')  conducted  an  inspection  of  Station  KEYT(AM).  
During the  inspection, the  agents determined  that Station 
KEYT(AM) did not have operational  EAS equipment and had not 
had such  equipment from December 30,  2001 through February 
13, 2002.   On July 26,  2002, the District Director  of the 
Los Angeles Office  issued the NAL to Smith.   Smith filed a 
response  on  August 26,  2002,  in  which it  argued  that, 
pursuant to Section  11.35(b) of the Rules,3 it  had 60 days 
to  operate without  defective  EAS equipment  while it  was 
being repaired, without further FCC authority.   

                       III. DISCUSSION

     3.   Section   11.35(a)  of   the  Rules   states  that 
``broadcast stations  ... are responsible for  ensuring that 
EAS Encoders,  EAS Decoders and Attention  Signal generating 
and  receiving  equipment  used  as  part  of  the  EAS  are 
installed so that the  monitoring and transmitting functions 
are available during the times  the stations and systems are 
in  operation.''  Further,  Section  11.35(b)  of the  Rules 
provides that ``[i]f the EAS  Encoder or EAS Decoder becomes 
defective, the broadcast station ... may operate without the 
defective equipment pending its repair or replacement for 60 
days without further FCC authority.''        

     4.   After considering Smith's  response, we agree that 
pursuant to Section 11.35(b) of the Rules, Smith had 60 days 
to operate without the defective  EAS equipment while it was 
being  repaired, without  further Commission  authorization.  
The  time  frame during  which  Smith  operated without  the 
defective equipment, December 30,  2001 through February 13, 
2002, did not  exceed the number of days permitted  it to do 
so by the Rule.  Thus,  we find that the monetary forfeiture 
should be cancelled.4

     5.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  504(b)  of  the  Communications  Act  of  1934,  as 
amended,5  and Section  1.80(f)(4)  of the  Rules,6 the  NAL 
issued  to  Smith  Broadcasting  of  Santa  Barbara,  LP  IS 
CANCELLED.     
      
     6.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall be sent by first class mail and certified mail, return 
receipt requested,  to Smith Broadcasting of  Santa Barbara, 
LP, 730 Miramonte Drive, Santa Barbara, California 93102. 


                         FEDERAL COMMUNICATIONS COMMISSION


                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 Smith  Broadcasting of  Santa Barbara,  LP, NAL  Acct. No. 
200232900007 (Enf.  Bur., Los  Angeles Office rel.  July 26, 
2002).

2 47 C.F.R.  11.35(a).

3 47 C.F.R.   11.35(b).
4 See 47 U.S.C.  504(b); 47 C.F.R.  1.80(f)(4).

5 47 U.S.C.  504(b).

6 47 C.F.R.  1.80(f)(4).