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




In the Matter of                 )
                                )
Midwest Television, Inc.         )    File No. EB-04-TC-061
Licensee of KFMB-TV              )    Facility ID No. 42122
San Diego, CA                    )    NAL/Acct. No. 200532170006
                                )    FRN: 0003750775
                                )
Apparent Liability for           )
Forfeiture                       )


               NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  February 22, 2005          Released:  February 23, 
2005                                    

By the Chief, Enforcement Bureau:

I.     INTRODUCTION

     1.     In this Notice of Apparent Liability for Forfeiture 
(``NAL''),1 we find that Midwest Television, Inc. (``Midwest'') 
apparently willfully or repeatedly violated section 713 of the 
Communications Act of 1934, as amended (the ``Act''),2 and 
section 79.2(b)(1)(i) of the Commission's rules.3  Midwest 
apparently violated the Act and the Commission's rules by 
failing in a timely manner to make accessible to persons with 
hearing disabilities emergency information that it provided 
aurally in its programming for KFMB-TV during a wildfires 
emergency in the San Diego, California area on October 26 and 
October 27, 2003.  Based upon our review of the facts and 
circumstances, we find Midwest apparently liable for a 
forfeiture in the amount of $20,000. 

II.  BACKGROUND

     2.   Midwest is the licensee of KFMB-TV4  and is a video 
programming distributor as defined in our rules.5  As a video 
programming distributor, Midwest is obligated to provide to 
persons with hearing disabilities the same access to emergency 
information that it provides to listeners of its programming.6 

     3.   During the week beginning October 26, 2003, there were 
wildfires throughout Southern California, including the San Diego 
area.  These wildfires caused loss of life, injuries, and 
extensive damage to property and natural resources.  Due to high 
winds, these fires spread extremely rapidly, and caused the 
evacuation of many of San Diego's residents.   During this time, 
Midwest broadcast emergency information regarding the wildfires.

      4.  After receiving a consumer complaint against KFMB-TV 
alleging that the station failed to make information on the 
wildfires accessible to persons with hearing disabilities, the 
Enforcement Bureau (``Bureau'') launched an investigation into 
Midwest's broadcasts on KFMB-TV that week.  We sent a Letter of 
Inquiry to Midwest, directing Midwest to provide, among other 
things, videotapes of Midwest's coverage of the wildfires on 
KFMB-TV.7  Midwest filed a response, including the requested 
videotapes. 8 
 
     5.     The Bureau has reviewed Midwest's tapes of KFMB-TV's 
programming and identified numerous instances where the station 
aurally provided emergency information but substantially delayed 
the visual presentation of emergency information, if it provided 
the visual presentation at all.  Some illustrative examples are 
shown below.9  

          (a)  Between 7:29 a.m. and 7:41 a.m.,10 a 
     representative of the California Department of Forestry 
     (``CDF'') reported that Wildcat Canyon Road was closed and a 
     representative of the San Diego County Sheriff's Department 
     reported that Route 67, Scripps Poway Parkway, San Vicente 
     Road and Wildcat Canyon Road were closed. The recorded 
     footage that Midwest provided of its broadcast does not show 
     any visual presentation of this emergency information 
     through at least 6:54 p.m.,11 over eleven hours after the 
     aural presentation.  
                 (b)     Between 8:38 a.m. and 8:44 a.m., the CDF 
     representative again reported that Wildcat Canyon Road and 
     Route 67 were closed.    Midwest did not provide any visual 
     presentation of  this emergency information through at least 
     6:54 p.m., over ten hours after the aural presentation.  

       (c)     At 9:50 a.m. and 9:51 a.m., a representative of 
     the American Lung Association advised viewers at home to 
     protect themselves against air pollution caused by the fires 
     by running their air conditioner, filtering the air, 
     avoiding painting, shutting the windows and drinking plenty 
     of fluids.  Midwest did not provide any visual presentation 
     of this emergency information through at least 6:54 p.m., 
     over nine hours after the aural presentation.  

III.        DISCUSSION

     6.     Section 713 of the Act requires the Commission to 
prescribe rules on Video Programming Accessibility.12  Pursuant 
to section 713, and out of a concern that the same critical 
emergency information be available to every television viewer, 
including persons with hearing disabilities, the Commission 
adopted section 79.2 of the rules.13  Section 79.2(b)(1)(i) 
requires that video programming distributors providing emergency 
information in the audio portion of programming ``must'' provide 
persons with hearing disabilities with the same access to such 
information that distributors provide to listeners, either 
through a method of closed captioning or by using another method 
of visual presentation.14  Section 79.2 does not require closed 
captioning,15 but does allow for other methods of visual 
presentation, including, but not limited to, open captioning, 
crawls, or scrolls.16  In addition, other methods of visual 
presentation could include maps, signs, and charts, each of which 
can communicate emergency information to those with hearing 
disabilities.  The Commission stated that it was permitting these 
alternatives because it was concerned about the limited ``real-
time'' captioning resources available and their current costs.17  
The Commission made clear, however, that regardless of the method 
of visual presentation used, video programming distributors must 
``use [a] method of visual presentation [that] ensure[s] the same 
accessibility [to emergency information] for persons with hearing 
disabilities as for any other viewer, as required by the 
rule.''18  The Commission mandated equal accessibility because 
emergency information is of ``equal or greater importance to 
persons with hearing disabilities, and television plays a 
critical role in its dissemination.'' 19  Further, it is clear 
from the Commission's definition of emergency information, i.e., 
information about a ``current'' emergency that provides critical 
details concerning ``how to respond to the emergency,''20 that 
the Commission required video programming distributors to display 
emergency information in a timely manner so that viewers can 
respond to a current emergency before becoming endangered.  Thus, 
although the Commission declined to require video programming 
distributors to close caption emergency information they provide 
aurally, the Commission did require video programming 
distributors to visually present by some method in real-time the 
emergency information they provide aurally.

     7.     Further, the Commission defined emergency information 
in section 79.2 as ``information, about a current emergency, that 
is intended to further the protection of life, health, safety, 
and property, i.e., critical details regarding the emergency and 
how to respond to the emergency,''21 not merely the existence of 
an emergency.22  The rule provides the following non-exhaustive 
list of examples of the types of emergencies covered:  
``tornadoes, hurricanes, floods, tidal waves, earthquakes, icing 
conditions, heavy snows, widespread fires, discharge of toxic 
gases, widespread power failures, industrial explosions, civil 
disorders, school closings and changes in school bus schedules 
resulting from such conditions, and warnings and watches of 
impending changes in weather.''23  The Commission further stated 
that critical details included, among other things, ``specific 
details regarding the areas that will be affected by the 
emergency, evacuation orders, detailed descriptions of areas to 
be evacuated, specific evacuation routes, approved shelters or 
the way to take shelter in one's home, instructions on how to 
secure personal property, road closures, and how to obtain relief 
assistance.''24  The Commission has several times reminded video 
programmers of their obligation to make emergency information 
accessible.25

     8.     As an initial matter, we find that Midwest is a 
``video programming distributor'' subject to section 79.2 of the 
Commission's rules.  Section 79.1(a)(2) defines a video 
programming distributor as ``[a]ny television broadcast station 
licensed by the Commission....''26  As a broadcast licensee, 
Midwest must comply with the Commission's rules regarding the 
accessibility of emergency information to individuals with 
hearing disabilities.
     9.     We now turn to an analysis of the information 
broadcast by Midwest over KFMB-TV during the time period at 
issue.  We note at the outset that the October 26 and October 27 
wildfires caused loss of life, injuries, and extensive damage to 
property and natural resources in the City of San Diego, San 
Diego County, and other areas of Southern California.27  The 
fires spread rapidly via high winds causing city and county 
officials to emphasize repeatedly that residents should evacuate 
immediately when they were told to do so and that they should pay 
attention to the information provided by television stations.28  
Police gave evacuation orders in certain areas over bullhorns; it 
was therefore especially important for persons with hearing 
disabilities, who might not be able to hear the bullhorns, to 
have timely warnings to evacuate provided visually on television.   
Midwest's own coverage of the fires illustrates the urgency and 
danger of the situation.  Midwest interrupted regular programming 
with full coverage of the wildfires.  Midwest anchors and 
reporters repeated emergency information many times, emphasizing 
the number of persons injured, acres burned, and houses 
destroyed.  Midwest personnel characterized the fires as 
``huge,'' a ``wall of flames'' and ``the biggest fire I've ever 
seen.''29  While Midwest visually presented some information 
during this period, it appears that in numerous instances Midwest 
did not make critical information available to persons with 
hearing disabilities.  

     10.   The record shows that, in 11 separate instances from 
7:29 a.m. on October 26 to 6:10 p.m. on October 27, Midwest 
aurally provided critical emergency information on road closures 
and the way to take shelter in one's home, but provided visual 
presentation of this information, if at all, only after a 
substantial delay of at least 30 minutes.  The examples provided 
above at Paragraph 5 are illustrative.  The information in 
question concerning road closures and the way to take shelter in 
one's home falls squarely within the Commission's definition of 
``emergency information'' because it is ``[i]nformation, about a 
current emergency, that is intended to further the protection of 
life, health, safety, and property, i.e., critical details 
regarding the emergency and how to respond to the emergency.''30  
Indeed, the Commission offered these categories of information as 
examples of critical details covered by the rule.31   In 
addition, the Commission offered widespread fires as an example 
of an emergency covered by the Commission's rules.32              
. 

     11.      As set forth above, video programming distributors 
are obligated to provide viewers with hearing disabilities with 
the ``same accessibility'' to emergency information as they 
provide to other viewers.  Here, it is apparent that in numerous 
instances Midwest delayed the visual presentation of emergency 
information, thereby failing to provide persons with hearing 
disabilities the same access to emergency information that it 
provided to other viewers and apparently violating section 79.2 
of our rules.  We recognize that real-time closed captioning is 
not always available to broadcasters, and that creating visual 
information, in certain circumstances, may take some very short 
period of time.  We emphasize, however, that any visual 
presentation of emergency information must be simultaneous or 
nearly simultaneous to the aural emergency information to provide 
the ``same accessibility'' to emergency information to persons 
with hearing disabilities.  Nonetheless, as a matter of 
convenience in order to preserve our resources, we have exercised 
our discretion here to propose a forfeiture for only those 
situations in which Midwest provided closed captioning or other 
visual presentation of emergency information, if at all, after a 
substantial delay of greater than 30 minutes after Midwest 
provided the same information aurally (i.e., those listed in the 
text and in Appendix A).  It is clear from these examples that 
Midwest's apparent violations left persons with hearing 
disabilities without the same critical information the station 
gave to its listening audience.  We note that our conclusions 
here are based on the specific facts and circumstances presented.  
We might reach different determinations regarding which apparent 
violations to include in an NAL based on a different record.  For 
example, we might find it more appropriate in other circumstances 
and based on different facts to propose a forfeiture for those 
apparent violations where a video programming distributor 
provides visual presentation of emergency information in less 
than 30 minutes after it has provided aural information.  

     12.     In response to the Bureau's Letter of Inquiry, 
Midwest argues that the details to be made to be made accessible 
to the hearing impaired was explicitly left to the licensee's 
good faith judgment by the Second Report and Order.33  Midwest 
appears to contend that the Commission's statement in the Second 
Report and Order that ``[i]n determining whether particular 
details need to be made accessible, we will permit programmers to 
rely on their good faith judgments''34 gives it unchecked 
latitude to determine where and when emergency information should 
be presented visually.  We disagree.  The language of section 
79.2(b)(1)(i) is unequivocal: ``[e]mergency information that is 
provided in the audio portion of the programming must be made 
accessible....''35  While the order allows video programming 
distributors to exercise their good faith judgment in determining 
which ``particular details'' to broadcast, nothing in the order 
suggests that video programming distributors may rely on this 
limited exception to excuse a complete failure to visually 
present in a timely fashion categories of critical information 
that are clearly covered by the rule.  It is not even remotely 
plausible to suggest that programmers may refuse to present such 
basic, critical information in a wildfire emergency as road 
closures and shelter-at-home advice.  Such an expansive 
interpretation of the good faith exception would swallow the rule 
and render it wholly ineffective. 

     13.     We conclude, therefore, that Midwest gave aural 
emergency information on KFMB-TV 11 separate times on October 26 
and October 27, 2003, but apparently did not provide the same 
access to the information to persons with hearing disabilities by 
using a method of closed captioning or a method of visual 
presentation.  Thus, Midwest apparently violated section 
79.2(b)(1)(i) of the Commission's rules.  

IV.      FORFEITURE AMOUNT

     14.     For the time at issue in this case, section 
503(b)(2)(A) of the Communications Act authorized the Commission 
to assess a forfeiture of up to $27,500 for each violation of the 
Act or of any rule, regulation, or order issued by the Commission 
under the Act.36  In exercising such authority, we are required 
to 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 such other matters as justice may require."37  Based on 
our review of the record, we conclude that Midwest is apparently 
liable for the willful or repeated violation of our rules.

     15.     The Commission's forfeiture guidelines do not 
currently establish a base forfeiture amount for violations of 
section 79.2(b)(1)(i).  Enforcement of the emergency 
accessibility rules is important as lives may depend on 
compliance.  We find that $8,000, the base forfeiture amount for 
violations of rules relating to distress and safety frequencies 
and for failure to install and operate Emergency Alert System 
(``EAS'') equipment is analogous and warranted for apparent 
violations of section 79.2(b)(1)(i).38   The purpose of the EAS 
and safety frequencies rules are to warn persons of emergencies, 
and the purpose of section 79.2(b)(1)(i) is the same.  Midwest 
provided aural emergency information without providing visual 
presentation on numerous occasions, resulting in 11 apparent 
violations of the rule for which we propose a forfeiture.  While 
we believe that a $8,000 base forfeiture amount for violations of 
section 79.2(b)(1)(i) is appropriate generally, a strict 
application to all 11 apparent violations here would result in a 
total proposed forfeiture that is excessive in light of the 
circumstances presented.  We therefore propose a forfeiture of 
$20,000.  Midwest will have the opportunity to submit further 
evidence and arguments in response to this NAL to show that no 
forfeiture should be imposed or that some lesser amount should be 
assessed.39 
 
V.   CONCLUSIONS AND ORDERING CLAUSES

     16.     We have determined that Midwest Television, Inc. has 
apparently willfully or repeatedly violated section 713 of the 
Act and section 79.2(b)(1)(i) of the Commission's rules by 
failing to make emergency information that it provided to hearing 
persons accessible to persons with hearing disabilities, 
resulting in a proposed forfeiture of $20,000.

     17.     Accordingly, IT IS ORDERED, pursuant to section 
503(b) of Communications Act of 1934, as amended, 47 U.S.C.  
503(b), and section 1.80 of the Commission's rules, 47 C.F.R.  
1.80, that Midwest Televison, Inc. IS HEREBY NOTIFIED of an 
Apparent Liability for Forfeiture in the amount of $20,000 for 
willful and repeated violations of section 713 of the Act, 47 
U.S.C.  613, and section 79.2(b)(1)(i) of the Commission's 
rules, 47 C.F.R.  79.2(b)(1)(i), as described in the paragraphs 
above and contained in Appendix A. 

     18.     IT IS FURTHER ORDERED, pursuant to section 1.80 of 
the Commission's rules, 47 C.F.R.  1.80, that within thirty (30) 
days of the release of this Notice, Midwest Television, Inc.  
SHALL PAY the full amount of the proposed forfeiture OR SHALL 
FILE a response showing why the proposed forfeiture should not be 
imposed or should be reduced.40  

     19.     IT IS FURTHER ORDERED that payment of the forfeiture 
amount should 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 must be mailed to Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box. 73482, Chicago, IL 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 
8th Floor Mailroom, Chicago, IL 60661.  Payment by wire transfer 
may be made to ABA Number 071000013, receiving Bank One, and 
account number 1165259.

     20.     The Bureau 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.

     21.     Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan should be 
sent to: Chief, Revenue and Receivables Operations Group, 445 
12th Street, S.W., Washington, D.C., 20554.41

     22.     IT IS FURTHER ORDERED that copies of this Notice of 
Apparent Liability for Forfeiture SHALL BE SENT by certified mail 
to E.D. Trimble, Vice President, Midwest Television and President 
and Chief Operating Officer, KFMB Stations, 7677 Engineer Road, 
San Diego, CA 92111. 

               
                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau
                              APPENDIX  A


     (1)  Between 7:29 a.m. and 7:41 a.m.,42 a representative of 
     the California Department of Forestry (``CDF'') reported 
     that Wildcat Canyon Road was closed and a representative of 
     the San Diego County Sheriff's Department reported that 
     route 67, Scripps Poway Parkway, San Vicente Road and 
     Wildcat Canyon Road were closed.  The recorded footage that 
     Midwest provided of its broadcast does not show any visual 
     presentation of this emergency information through at least 
     6:54 p.m.43 
     (2)  Between 8:38 a.m. and 8:44 a.m., the CDF representative 
     again reported that Wildcat Canyon Road and Route 67 were 
     closed.    Midwest did not provide visual presentation of 
     this emergency information through at least 6:54 p.m.  

     (3)  At 9:50 a.m. and 9:51 a.m., a representative of the 
     American Lung Association advised viewers at home to protect 
     themselves against air pollution caused by the fires by 
     running their air conditioner, filtering the air, avoiding 
     painting, shutting the windows and drinking plenty of 
     fluids.  Midwest did not provide visual presentation of this 
     emergency information through at least 6:54 p.m.  

     (4)  Between 12:08 p.m. and 12:11 p.m., the American Lung 
     Association representative advised viewers at home to avoid 
     exercise and painting, and, if having breathing 
     difficulties, to run their air conditioner through the 
     filter and breathe through a damp cloth and through their 
     noses.  Midwest did not provide visual presentation of this 
     emergency information through at least 6:54 p.m. 

     (5)  Between 12:33 p.m. and 12:42 p.m., Jeff Goldberg, a 
     retired police officer, reported that Routes I-15, 805, and 
     163 were closed.  Midwest did not provide visual 
     presentation of this emergency information through at least 
     6:54 p.m. 

     (6)  Between 1:12 p.m. and 1:16 p.m., a representative of 
     the California Highway Patrol reported that Routes I-8 and 
     805, and Otay Lakes Road were closed. Midwest did not 
     provide closed captioning or other visual presentation of 
     any portion of this emergency information until 2:30 p.m to 
     2:32 p.m., when it provided visual presentation of some of 
     the emergency information.  Midwest did not provide visual 
     presentation of the remainder of this emergency information 
     through at least 6:54 p.m. 
      
      (7) Between 1:32 p.m. and 1:44 p.m., the San Diego County 
     Health Commissioner advised viewers at home to close their 
     windows and doors, drink fluids, run their air conditioner, 
     wash out their eyes with water, and call their doctor if 
     they have health problems.   Midwest did not provide visual 
     presentation of this emergency information through at least 
     6:54 p.m.  
      
     (8)  Between 2:02 p.m. and 2:07 p.m., the anchor advised 
     viewers at home to keep their windows closed and their air 
     conditioning on.  Midwest did not provide visual 
     presentation of  this emergency information through at least 
     6:54 p.m.  
     (9)  Between 3:25 p.m. and 3:27 p.m., reporter Carlo 
     Caccetti said that Route I-8 was closed.  Midwest did not 
     provide visual presentation of this emergency information 
     through at least 6:54 p.m.  
     (10) Between 4:13 p.m. and 4:29 p.m., the anchor advised 
     viewers at home to stay inside, close their doors and 
     windows, put on their air conditioning, breathe through a 
     damp cloth, and breathe through their noses.  Midwest did 
     not provide visual presentation of this emergency 
     information through at least 6:54 p.m.  

      (11)     Between 6:08 p.m. and 6:09 p.m. on October 27, 
     2003, reporter Deb Henke said that Routes 78-79 and 67 and  
     San Vicente Road were closed.  Midwest did not provide 
     visual presentation of this emergency information through at 
     least 6:54 p.m.

_________________________

1See 47 U.S.C.  503(b)(4)(A).  The Commission has authority 
under this section of the Act to assess a forfeiture penalty 
against a broadcast licensee if the Commission determines that 
the licensee has "willfully or repeatedly" failed to comply with 
the provisions of the Act or with any rule, regulation, or order 
issued by the Commission under the Act.  For a violation to be 
willful, it need not be intentional.  Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
247 U.S.C.  613.
347 C.F.R.  79.2(b)(1)(i).
4Letter from E.D. Trimble, Vice President, Midwest Television and 
President and Chief Operating Officer, KFMB Stations, to Peter G. 
Wolfe, Ssenior Attorney, FCC (June 30, 2004) (``Response''), 
Exhibit 4. 
547 C.F.R.  79.1(a)(2).
647 C.F.R.  79.2(b)(1)(i).
7Letter from Colleen K. Heitkamp, Chief, Telecommunications 
Consumers Division, Enforcement Bureau, FCC, to E.D. Trimble, 
Vice President, Midwest Television and President and Chief 
Operating Officer, KFMB Stations, KUSI News (May 26, 2004) 
(``Letter of Inquiry'').  
8Response, filed June 30, 2004.
9The specific instances listed here and in Appendix A, all of 
which demonstrate Midwest's apparent failure to provide visual 
access to emergency information, form the basis of this NAL. 
10The examples described in the text all occurred on October 26, 
2003.  Midwest's videotapes generally do not indicate the time of 
coverage.  However, Midwest did provide written information 
specifying the dates and times of the broadcasts contained on the 
videotapes.  Response, Exhibit 2.  From this written information, 
we were able to ascertain when emergency information was aurally 
presented and how long it took to visually present such 
information, if it was presented at all.  
11Midwest did not provide videotape of all its wildfire coverage 
on October 26 and 27.  See Response at 4 (``[f]or Sunday, October 
26, there are two tapes covering the approximate time period 7:21 
a.m. to 7:00 p.m. and the 11:30 p.m. 35-minute late evening news.  
For Monday, October 27, there are three tapes covering 
approximately two hours of regularly scheduled newscasts on that 
day.'')  Specifically, Midwest did not provide any videotapes for 
October 26, 2003 between 6:54 p.m. and 11:30 p.m.  and on October 
27, 2003 before 5:00 p.m., between 5:30 p.m. and 6:00 p.m., and 
between 7:00 p.m. and 11:00 p.m.  Consequently, we cannot 
determine whether Midwest, during these gaps of time, visually 
presented emergency information that it had previously aurally 
presented.  In our description of such cases, we note that 
Midwest did not make the emergency information accessible through 
at least the beginning of the missing coverage.   
1247 U.S.C  613.
13Closed Captioning and Video Description of Video Programming, 
Implementation of Section 305 of the Telecommunications Act of 
1996, and Accessibility of Emergency Programming, Second Report 
and Order, 15 FCC Rcd 6615, 6621-22, para. 12 (2000) (``Second 
Report and Order'').
1447 C.F.R.  79.2(b)(1)(i).
15Second Report and Order, 15 FCC Rcd at 6620, para. 11.
16Id. at 6618, para. 8.  
17Id. at 6621, para. 11.
18Id. at 6623-24, para. 16.
19Id. at 6619-20, paras. 9, 10 (citing examples of the importance 
of timely visual emergency information including an inaccessible 
tornado warning that caused delay in evacuation of children and 
an inaccessible water contamination warning that caused persons 
with hearing disabilities needlessly to incur health risks of 
which they were not initially aware).  In attempting to determine 
the scope of this rule, the Commission expressed concern that the 
disabilities community have available ``sufficient information'' 
with the ``same immediacy'' as other viewers.  Closed Captioning 
and Video Description of Video Programming, Implementation of 
Section 305 of the Telecommunications Act of 1996, and 
Accessibility of Emergency Programming, Further Notice of 
Proposed Rulemaking, 13 FCC Rcd 5627, 5631 (1998).  In addition 
to the plain meaning of the ``emergency information'', the nature 
of the critical details described in section 79.2(a)(2) makes 
clear that timely visual presentation is required. See Note to 47 
C.F.R.  79.2(a)(2) discussed infra para. 7. 
20 47 C.F.R.  79.2(a)(2).
21Id.
22Second Report and Order, 15 FCC Rcd at 6617, para. 5.
23Id. (emphasis added).
24Note to 47 C.F.R.  79.2(a)(2) (emphasis added).
25See, e.g., Public Notice, ``Reminder to Video Programming 
Distributors of Obligation to Make Emergency Information 
Accessible to Persons with Hearing or Vision Disabilities,'' 17 
FCC Rcd 14614 (2002); Public Notice, ``Reminder to Video 
Programming Distributors of Obligation to Make Emergency 
Information Accessible to Persons with Hearing or Vision 
Disabilities,'' 18 FCC Rcd 14670 (2003); Public Notice,  
``Reminder to Video Programming Distributors of Obligation to 
Make Emergency Information Accessible to Persons with Hearing or 
Vision Disabilities,'' 19 FCC Rcd 9882 (May 24, 2004).
2647 C.F.R.  79.1(a)(2).
27See, e.g., KFMB-TV Videotapes; Gregory Alan Gross, Fire Fight, 
No End in Sight for Besieged County, Wildfire Devastation Worst 
in Three Decades, S.D. UNION-TRIBUNE, Oct. 27, 2003, at A1.
28 KFMB-TV Videotapes.
29Id.
3047 C.F.R.  79.2(a)(2).  In addition, the information here was 
primarily intended for the audience in the geographic area where 
the emergency was occurring.  47 C.F.R.  79.2(b)(1)(i).
31Id.
32Id.
33Response at 2, 9, 12, Exhibit 2.
34Second Report and Order, 15 FCC Rcd at 6617, para. 5 (emphasis 
added).  For example, if the station reported aurally that an 
evacuation order was announced at 1:00 p.m., it could reasonably 
exercise its discretion to omit the time the order was announced 
as long as the station visually presented the existence of the 
evacuation order.
3547 C.F.R.  79.2(b)(1)(i) (emphasis added).
36Specifically, section 503(b)(2)(A) provides for forfeitures up 
to $25,000 for each violation or a maximum of $250,000 for each 
continuing violation by (i) a broadcast station licensee or 
permittee, (ii) a cable television operator, or (iii) an 
applicant for any broadcast or cable television operator license, 
permit, certificate or similar instrument.  47 U.S.C.  
503(b)(2)(A).  The Commission amended its rules by adding a new 
subsection to its monetary forfeiture provisions that 
incorporates by reference the inflation adjustment requirements 
contained in the Debt Collection Improvement Act of 1996 (DCIA), 
Pub L. No. 104-134,  31001, 110 Stat. 1321 (1996).  Thus, the 
maximum statutory forfeiture per violation pursuant to section 
503(b)(2)(A) increased from $25,000 to $27,500.  See Amendment of 
Section 1.80(b) of the Commission's Rules and Adjustment of 
Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd. 18,221 
(2000).  We note that the Commission recently increased the per 
violation amount again to $32,500.  See Amendment of Section 
1.80(b) of the Commission's Rules and Adjustment of Forfeiture 
Maxima to Reflect Inflation, 2004 WL 1366972, FCC 04-139 (rel. 
June 18, 2004); 69 FR 47788 (establishing an effective date of 
September 7, 2004).

37See 47 U.S.C.  503(b)(2)(D); see also The Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Commission's Rules, 12 FCC Rcd 17,087 (1997); recon. denied, 15 
FCC Rcd 303 (1999).

38See  47 C.F.R.  1.80(b)(4).
39See 47 U.S.C.  503(b)(4)(C); 47 C.F.R.  1.80(f)(3).

40If Midwest chooses to respond, it should mail its response to 
Colleen Heitkamp, Chief, Telecommunications Consumers Division, 
Enforcement Bureau, Federal Communications Commission, 445 12th 
Street, S.W. Room-4C224, Washington, D.C. 20554, and must include 
the file number listed above.  It should also send an electronic 
copy of its response to Mark Stone, Deputy Chief, 
Telecommunications Consumers Division, at mark.stone@fcc.gov and 
Peter Wolfe, Senior Attorney, Telecommunications Consumers 
Division, at peter.wolfe@fcc.gov.
41 7 C.F.R.  1.1914.
42Examples 1-10 occurred on October 26, 2003.
43See n.11.