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

In the Matter of                )
                                )
Jean J. Suh d/b/a Radio Hankook )    File No. EB-01-ST-091
                                )    NAL/Acct. No. 200232980001
Licensee of Station KSUH(AM)    )    FRN 0006-1414-02
Puyallup, Washington            )    
                                )    
and                             )    
                                )    
Licensee of Station KWYZ(AM)    )    
Everett, Washington             )    

                        FORFEITURE ORDER 

Adopted:  August 27, 2003               Released:    August   29, 
2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In  this  Forfeiture  Order  (``Order''),  we  issue  a 
  monetary  forfeiture in  the  amount of  ten  thousand  dollars 
  ($10,000) to  Jean J. Suh d/b/a  Radio Hankook (``Ms.  Suh''),1 
  licensee  of   Station  KSUH(AM),  Puyallup,  Washington,   and 
  Station KWYZ(AM),  Everett, Washington,  for willful  violation 
  of Sections  11.35(a), 11.61  and 17.4(g)  of the  Commission's 
  Rules  (``Rules'').2  The  noted violations  involve Ms.  Suh's 
  failure to  have operational Emergency  Alert System  (``EAS'') 
  equipment, failure to  conduct required weekly and monthly  EAS 
  tests, and failure  to post the Antenna Structure  Registration 
  number so  that it is readily  visible on or  near the base  of 
  the KWYZ tower.  

2.        On  August   28,   2002,  the   Commission's   Seattle, 
  Washington Field  Office (``Seattle Office'')  issued a  Notice 
  of Apparent Liability  for Forfeiture (``NAL'') to Ms. Suh  for 
  a  forfeiture in  the amount  of  twenty two  thousand  dollars 
  ($22,000).3  Ms. Suh filed  a response to the NAL on  September 
  27, 2002, and supplemented her response on October 25, 2002.



                         II.  BACKGROUND

3.        On March 29, 2001, in response to a complaint  alleging 
  violations  of  Commission  rules  at  KSUH,  agents  from  the 
  Seattle  Office  inspected   the  KSUH  transmitter  site   and 
  attempted  to inspect  the KSUH  studio.  The  agents  observed 
  that there was no ASR number posted on or near the base of  the 
  KSUH antenna structure and that the paint on the structure  was 
  peeling and faded.  Due to language barriers with KSUH  staff,4 
  the agents  postponed the inspection of  the studio.  On  April 
  27,  2001, the  agents  again  attempted to  inspect  the  KSUH 
  studio,  but found  that  the station  was  in the  process  of 
  relocating   its  studio.    The  agents   discussed  the   EAS 
  requirements with  Ms. Suh and  provided her a  copy of the  AM 
  Broadcast  Station  Self-Inspection  checklist,  but  did   not 
  attempt an inspection of the studio at that time.  

4.        On  May  3,  2001,  agents  from  the  Seattle   Office 
  inspected the KWYZ transmitter site.  The agents observed  that 
  there was no ASR number posted on or near the base of the  KWYZ 
  antenna structure.

5.        On November 30, 2001, the agents re-inspected the  KSUH 
  and KWYZ transmitter  sites and observed that there were  still 
  no ASR  numbers posted on or  near the base  of the towers  and 
  that the paint on  the KSUH tower was still peeling and  faded.  
  The agents then inspected the new co-located KSUH/KWYZ  studio.  
  The agents  observed that  EAS equipment was  installed at  the 
  studio, but the equipment was not operable.  The equipment  was 
  set in  manual mode,  requiring operator  interface to  conduct 
  any EAS  test or alert.  However, the  operator on duty at  the 
  time of  the inspection  was unable to  operate the  equipment.  
  In addition, no tape  to record EAS tests was installed in  the 
  equipment  and there  were no  logs to  show that  monthly  and 
  weekly  EAS tests  had been  received or  retransmitted at  any 
  time during the past year.

6.         On  January  22, 2002,  the  Seattle Office  issued  a 
  Notice of Violation  (``NOV'') citing Ms. Suh for, among  other 
  violations, failure to  maintain operational EAS equipment  and 
  to conduct  required monthly and weekly  EAS tests, failure  to 
  post the ASR numbers  on or near the base of the KSUH and  KWYZ 
  towers,  and failure  to clean  or repaint  the KSUH  tower  as 
  often as necessary to maintain good visibility of the tower  in 
  violation of  Sections 11.35(a),  11.61, 17.4(g)  and 17.50  of 
  the Rules.5   In her response to the  NOV, Ms. Suh stated  that 
  the EAS  equipment had  been modified  to facilitate  automatic 
  retransmission of  EAS tests and  alerts, that an  EAS log  had 
  been established, and that  the ASR numbers had been posted  at 
  the  towers.  Ms.  Suh also  stated that  she had  received  an 
  estimate to paint the  KSUH tower, but indicated that she  does 
  not  own the  tower and  was trying  to get  financial help  to 
  paint   the  tower.    An  agent   from  the   Seattle   Office 
  subsequently checked  the Commission's ASR  database and  found 
  that the  ASRs for the KSUH  and KWYZ towers  list Jean J.  Suh 
  d/b/a Radio Hankook as the owner of the towers.

7.        On August 28,  2002, the Seattle  Office issued an  NAL 
  for a  $22,000 forfeiture to  Ms. Suh for  failure to  maintain 
  operational EAS equipment  and to conduct required monthly  and 
  weekly EAS  tests, failure to post the  ASR numbers on or  near 
  the base of the  KSUH and KWYZ towers, and failure to clean  or 
  repaint the KSUH tower  as often as necessary to maintain  good 
  visibility  of  the tower  in  willful  violation  of  Sections 
  11.35(a),  11.61, 17.4(g)  and 17.50  of the  Rules.6  Ms.  Suh 
  filed  a  response  to the  NAL  on  September  27,  2002,  and 
  supplemented her response on October 25, 2002.  Ms. Suh  states 
  that  she  is a  Korean  American  and English  is  her  second 
  language,  but despite  the  language barrier  she  has  worked 
  diligently  to operate  KSUH and  KWYZ in  compliance with  the 
  Commission's rules.   With respect to  the EAS violations,  Ms. 
  Suh states  that after receipt  of the NOV,  the EAS  equipment 
  was  modified to  facilitate  automatic retransmission  of  EAS 
  tests  and alerts.   However,  the EAS  equipment  subsequently 
  failed to operate correctly so new equipment was purchased  and 
  installed.   Ms. Suh states  that the  new EAS unit  is set  to 
  operate automatically, so no operator interface is required  to 
  conduct or  log EAS tests.   Ms. Suh also  states that the  ASR 
  numbers have been posted on the KSUH and KWYZ towers.  Ms.  Suh 
  disputes the  finding in the NAL  that the KSUH tower  requires 
  painting  to maintain  good visibility.   Furthermore, Ms.  Suh 
  states that  she is not the owner  of the KSUH tower.  In  this 
  regard, she states that she previously believed that she  owned 
  this  tower and  therefore registered  the tower  in her  name.  
  However, Ms. Suh asserts  that the KSUH tower is in fact  owned 
  by Ray Courtemanche and  Cheri Patch, who lease the tower  site 
  and  tower to  her.   In support  of  this assertion,  Ms.  Suh 
  provides a  copy of a  lease agreement for  the tower site  and 
  tower   between   Joy   Broadcasting,   Inc.   (``Joy''),   the 
  predecessor  licensee of  KSUH, and  Mr. Courtemanche  and  Ms. 
  Patch.  Ms. Suh states  that Joy assigned its rights under  the 
  lease agreement  to her  when she purchased  the station,  that 
  the  term of the  lease has  expired and she  has been  renting 
  both the  tower site and the  tower on a month-to-month  basis, 
  and  that she  is currently  in  negotiations to  purchase  the 
  tower site  and tower or  execute a long-term  lease.  Ms.  Suh 
  asserts  if she is  able to  acquire the KSUH  tower, she  will 
  make arrangements to have the tower painted.  Finally, Ms.  Suh 
  claims that payment  of the proposed forfeiture would impose  a 
  financial hardship on  the stations and provides the  stations' 
  tax returns  for 1998 through  2001 in support  of this  claim.  
  Ms. Suh  accordingly requests that  the forfeiture be  canceled 
  or reduced to no more than $3,000.

                      III.      DISCUSSION

8.        The  proposed  forfeiture  amount  in  this  case   was 
  assessed   in   accordance   with   Section   503(b)   of   the 
  Communications  Act of  1934, as  amended, (``Act''),7  Section 
  1.80  of the  Rules,8 and  The Commission's  Forfeiture  Policy 
  Statement  and  Amendment  of Section  1.80  of  the  Rules  to 
  Incorporate  the  Forfeiture  Guidelines,  12  FCC  Rcd   17087 
  (1997),  recon.  denied,  15  FCC  Rcd  303  (1999)   (``Policy 
  Statement'').  In examining  Suh's response, Section 503(b)  of 
  the  Act requires  that the  Commission take  into account  the 
  nature,  circumstances, extent  and  gravity of  the  violation 
  and, with respect  to the violator, the degree of  culpability, 
  any history of prior  offenses, ability to pay, and other  such 
  matters as justice may require.9

9.        Section  11.35(a)  of  the  Rules  requires   broadcast 
  stations to install  and maintain operational EAS equipment  so 
  that  monitoring  and  transmitting  functions  are   available 
  during the  times when the  station is in  operation.  Ms.  Suh 
  does  not dispute  that the  stations'  EAS equipment  was  not 
  operational at the time of the inspection or that the  stations 
  had  not  conducted required  monthly  and  weekly  EAS  tests.  
  Accordingly,  we conclude  that  Ms. Suh  willfully10  violated 
  Sections 11.35(a) and 11.61 of the Rules.

10.       Section 17.4(g)  of the  Rules  requires that  the  ASR 
  number  be posted  in  a conspicuous  location  so that  it  is 
  readily  visible  near  the  base  of  the  antenna  structure.  
  Section 17.50  of the  Rules provides  that antenna  structures 
  which are required to  be painted must be cleaned or  repainted 
  as  often  as  necessary  to  maintain  good  visibility.   The 
  information provided by Ms. Suh indicates that although she  is 
  listed as the owner  of the KSUH tower on the tower's ASR,  she 
  is not in fact  the owner of that tower.  Accordingly, we  will 
  cancel the  $2,000 forfeiture proposed in  the NAL for  failure 
  to  post the  ASR number  at  the KSUH  tower and  the  $10,000 
  forfeiture proposed in the NAL for failure to clean or  repaint 
  the  KSUH  tower  as  often  as  necessary  to  maintain   good 
  visibility.11  However,  Ms. Suh does not  dispute that she  is 
  the owner of the KWYZ tower or that she had not posted the  ASR 
  number  at  this tower  at  the  time of  the  inspection.   We 
  therefore find that Ms. Suh willfully violated Section  17.4(g) 
  by failing to post the ASR number at the KWYZ tower.  

11.       Ms.  Suh  asserts  that  new  EAS  equipment  has  been 
  installed  at the  station and  that the  ASR number  has  been 
  posted  at  the  KWYZ  tower.   However,  the  Commission   has 
  repeatedly stated that remedial efforts to correct a  violation 
  are   not  mitigating   factors  warranting   reduction  of   a 
  forfeiture.12   

12.       Ms. Suh  also  asserts  that payment  of  the  proposed 
  forfeiture would  impose a financial  hardship on the  stations 
  and submits the stations' tax returns for 1998 through 2001  in 
  support of this assertion.  The Commission has repeatedly  held 
  that a company's gross  revenues are the best indicator of  its 
  ability  to   pay  a  forfeiture.13    After  considering   the 
  financial information  submitted by Ms.  Suh, we conclude  that 
  the stations'  gross revenues  are sufficient to  enable it  to 
  pay a $10,000 forfeiture.

13.       We have examined Ms. Suh's response to the NAL pursuant 
  to the  statutory factors  above, and in  conjunction with  the 
  Policy  Statement as  well.   As a  result  of our  review,  we 
  conclude  that  Ms. Suh  failed  to  maintain  operational  EAS 
  equipment at the stations and failed to post the ASR number  at 
  the KWYZ  tower in willful violation  of Sections 11.35(a)  and 
  17.4(g) of  the Rules, and  we find no  basis for canceling  or 
  reducing  the  forfeitures  proposed  in  the  NAL  for   these 
  violations.  However, we cancel the $2,000 forfeiture  proposed 
  in  the NAL for  failure to  post the  ASR number  at the  KSUH 
  tower  and the  $10,000  forfeiture  proposed in  the  NAL  for 
  failure  to  clean  or repaint  the  KSUH  tower  as  often  as 
  necessary to maintain good visibility.  Accordingly, we  reduce 
  the total forfeiture amount from $22,000 to $10,000. 

                      IV.  ORDERING CLAUSES

14.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503 of  the Act, and  Sections 0.111, 0.311  and 1.80(f)(4)  of 
  the Rules,14  Jean J. Suh d/b/a Radio  Hankook IS LIABLE FOR  A 
  MONETARY  FORFEITURE in  the  amount of  ten  thousand  dollars 
  ($10,000) for  willful violations of  Sections 11.35(a),  11.61 
  and 17.4(g) of the Rules.

15.       Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of  the Act.15  Payment may be  made by mailing a  check 
  or  similar instrument,  payable to  the order  of the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should reference  NAL/Acct. No.  200232980001 and  FRN 
  0006-1414-02.  Requests for  full payment under an  installment 
  plan  should  be  sent  to:   Chief,  Revenue  and  Receivables 
  Operations  Group,  445 12th  Street,  S.W.,  Washington,  D.C. 
  20554.16

16.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first  class mail and certified mail return  receipt 
  requested to Jean J.  Suh d/b/a Radio Hankook, 807 South  336th 
  Street,  Federal Way,  Washington 98030,  and to  her  counsel, 
  Matthew H.  McCormick, Esq.,  Reddy, Begley  & McCormick,  LLP, 
  2174 K Street, N.W., Suite 350, Washington, D.C. 20037-1845.



                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau


_________________________

  1 On November  15, 2002, the Commission's Media Bureau  granted 
short-form applications (FCC Form 316) to assign the licenses for 
KSUH(AM) and KWYZ(AM)  from Jean  J. Suh to  Radio Hankook,  Inc.  
File Nos. BAL-20021023AAO and BAL-20021023AAP.  These assignments 
were consummated on December 1,  2002.  For convenience, we  will 
continue to refer to the licensee as Ms. Suh.

  2 47 C.F.R.  11.35(a), 11.61 and 17.4(g).  

  3 Notice  of Apparent Liability  for Forfeiture, NAL/Acct.  No. 
200232980001 (Enf.  Bur.,  Seattle Office,  released  August  28, 
2002).    

  4 KSUH is a Korean language station.

  5 47 C.F.R.  17.50.

  6  The  NAL  calculated  the  $22,000  forfeiture  as  follows:  
$8,000 for failure to maintain operational EAS equipment,  $2,000 
for failure to post the ASR number on the KSUH tower, $2,000  for 
failure to post the ASR number on the KWYZ tower, and $10,000 for 
failure to  repaint  the KSUH  tower  as often  as  necessary  to 
maintain good visibility of the tower.  The NAL did not propose a 
separate forfeiture for failure  to conduct required monthly  and 
weekly EAS tests  as the  amount for that  violation is  subsumed 
under  the  failure   to  maintain   operational  EAS   equipment 
violation.  

  7 47 U.S.C.  503(b).

  8 47 C.F.R.  1.80.

  9 47 U.S.C.  503(b)(2)(D).

  10 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,' 
... 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).

  11 The owner  of an antenna structure is primarily  responsible 
for maintaining the structure in  accordance with Part 17 of  the 
Rules.  Although tenant licensees on  a tower may be required  to 
undertake efforts to  maintain the  tower in the  event that  the 
owner is  unable  to  do  so,  e.g.,  in  cases  of  abandonment, 
negligence,  or  bankruptcy,  under  normal  circumstances,   the 
Commission only looks to  the owner to  maintain the tower.   See 
Streamlining  the   Commission's  Antenna   Structure   Clearance 
Procedure and  Revision  of Part  17  of the  Commission's  Rules 
Concerning  Construction,   Marking  and   Lighting  of   Antenna 
Structures, 11 FCC Rcd 4272, 4294 (1995).

  12 See  e.g., AT&T Wireless Services,  Inc., 17 FCC Rcd  21866, 
21871 (2002);  Seawest  Yacht Brokers,  9  FCC Rcd  6099  (1994); 
Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  13  See Long  Distance  Direct, Inc.,  15  FCC Rcd  3297,  3305 
(2000); PJB Communications  of Virginia,  Inc., 7  FCC Rcd  2088, 
2089 (1991).   The  Commission  has also  stated  that  if  gross 
revenues are  sufficiently  great,  the  existence  of  operating 
losses does not by  itself mean that a  company cannot afford  to 
pay a forfeiture.  Id.  

  14 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  15 47 U.S.C.  504(a).

  16 See 47 C.F.R.  1.1914.