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




In the Matter of                 )
                                )
McGraw-Hill Broadcasting         )    File No. EB-04-TC-068
Company, Inc.                    )    Facility ID No. 40876
Licensee of KGTV                 )    NAL/Acct. No. 200532170008 
San Diego, CA                    )    FRN: 0003476827
                                )
                                )
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 McGraw-Hill Broadcasting Company, Inc. 
(``McGraw-Hill'') 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  
McGraw-Hill 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 KGTV 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 McGraw-Hill apparently liable for a 
forfeiture in the amount of $20,000. 

II.  BACKGROUND

     2.   McGraw-Hill is the licensee of KGTV4  and is a video 
programming distributor as defined in our rules.5  As a video 
programming distributor, McGraw-Hill 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, 
McGraw-Hill broadcast emergency information regarding the 
wildfires.   

     4.     After receiving a consumer complaint against KGTV 
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 
McGraw-Hill's broadcasts on KGTV that week.  We sent a Letter of 
Inquiry to McGraw-Hill, directing McGraw-Hill to provide, among 
other things, videotapes of McGraw-Hill's coverage of the 
wildfires on KGTV.7  McGraw-Hill filed a response, and provided 
videotapes of its coverage.8 
 
     5.     The Bureau has reviewed McGraw-Hill's tapes of KGTV'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)  At 7:33 a.m.10 and during the next five minutes, 
     the anchor said that since 12:00 midnight, the police had 
     been evacuating homes in the East County and in San Diego 
     County Estates.  She also advised viewers to stay inside, 
     turn on their air conditioning, shut the windows and doors, 
     and limit exercise.  McGraw-Hill did not provide closed 
     captioning or other visual presentation of any portion of 
     this emergency information until 9:15 a.m., when it provided 
     visual presentation of some of the emergency information.  
     The recorded footage that McGraw-Hill provided of its 
     broadcast does not show any visual presentation of the 
     remainder of this emergency information through at least 
     11:10 p.m.,11 over fifteen hours after the aural 
     presentation.12
          (b)  At 8:03 a.m., reporter Steve Fiorina said that 
     Scripps Ranch was being evacuated.  McGraw-Hill did not 
     provide closed captioning or other visual presentation of 
     this emergency information until 9:01 a.m., nearly an hour 
     later.

          (c)  At 11:53 a.m., a representative of the American 
     Lung Association advised viewers to stay indoors, run their 
     air conditioner with a filter, and avoid exercise.  McGraw-
     Hill did not provide closed captioning or other visual 
     presentation of this emergency information through at least 
     11:10 p.m., over 11 hours later.

                     
III.        DISCUSSION

      6.     Section 713 of the Act requires the Commission to 
prescribe rules on Video Programming Accessibility.13  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.14  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.15  Section 79.2 does not require closed 
captioning,16 but allows for other methods of visual 
presentation, including, but not limited to, open captioning, 
crawls, or scrolls.17  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.18  
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.''19  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.'' 20  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,''21 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,''22 not merely the existence of 
an emergency.23  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.''24  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.''25  The Commission has several times reminded video 
programmers of their obligation to make emergency information 
accessible.26

     8.     As an initial matter, we find that McGraw-Hill 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....''27  As a broadcast licensee, 
McGraw-Hill 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 McGraw-Hill over KGTV 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.28  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.29  
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.   
McGraw-Hill's own coverage of the fires illustrates the urgency 
and danger of the situation.  McGraw-Hill interrupted regular 
programming with full coverage of the wildfires.  McGraw-Hill 
anchors and reporters repeated emergency information many times, 
emphasizing the number of persons injured, thousands of acres 
burned, and hundreds of houses destroyed.  While McGraw-Hill 
visually presented some information during this period, it 
appears that in numerous instances McGraw-Hill did not make 
critical information available to persons with hearing 
disabilities.  

     10.   The record shows that, in 12 separate instances from 
7:33 a.m. on October 26 to 4:22 p.m. on October 27, McGraw-Hill 
aurally provided critical emergency information on areas to be 
evacuated, 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 evacuations, 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 McGraw-Hill 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 the 
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 
apparent violations where McGraw-Hill provided closed captioning 
or other visual presentation of emergency information, if at all, 
after a delay of greater than 30 minutes after McGraw-Hill 
provided the same information aurally (i.e., those listed in the 
text and in Appendix A).  It is clear from these examples that 
McGraw-Hill'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, 
McGraw-Hill states that the decisions as to what and when 
emergency information would be presented visually ``were made by 
the news staff exercising their good faith judgment as to how to 
best inform the general audience including the deaf and hard of 
hearing.''33 McGraw-Hill implies that the Commission's statement 
in the Second Report and Order that ``in determining  whether 
particular details need to be made accessible, we will permit 
programmers to rely on their own 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 evacuations, road 
closures, shelters, 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 McGraw-Hill gave aural 
emergency information on KGTV 12 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, McGraw-Hill 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 McGraw-Hill 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.  McGraw-
Hill provided aural emergency information without providing 
visual presentation on numerous occasions, resulting in 12 
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 12 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.  McGraw-Hill 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 McGraw-Hill Broadcasting 
Company, 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 people 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 McGraw-Hill Broadcasting Company, 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, McGraw-Hill Broadcasting 
Company, 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 Edward W. Hummers, Jr., Holland & Knight LLP, 2099 
Pennsylvania Avenue, N.W., Suite 100, Washington, D.C. 20006-
6801, and Derek M. Dalton, Vice President and General Manager, 
KGTV, 4600 Air Way, San Diego, CA 92102.


               
                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau
                              APPENDIX  A


     (1)  At 7:33 a.m. and during the next five minutes, the 
     anchor said that since 12:00 midnight, the police had been 
     evacuating homes in the East County and in San Diego County 
     Estates.  She also advised viewers to stay inside, turn on 
     their air conditioning, shut the windows and doors, and 
     limit exercise.  McGraw-Hill did not provide closed 
     captioning or other visual presentation of any portion of 
     this emergency information until 9:15 a.m., when it provided 
     visual presentation of some of the emergency information.  
     The recorded footage that McGraw-Hill provided of its 
     broadcast does not show any visual presentation of the 
     remainder of this emergency information through at least 
     11:10 p.m.42

     (2)  At 8:03 a.m., reporter Steve Fiorina said that Scripps 
     Ranch was being evacuated.  McGraw-Hill did not provide 
     closed captioning or other visual presentation of this 
     emergency information until 9:01 a.m.

     (3)  At 11:53 a.m., a representative of the American Lung 
     Association advised viewers to stay indoors, run their air 
     conditioner with a filter, and avoid exercise.  McGraw-Hill 
     did not provide closed captioning or other visual 
     presentation of this emergency information through at least 
     11:10 p.m.

      (4) At 12:49 p.m., reporter Elsa Sevilla said that 
     Tierrasanta residents were being evacuated to Qualcomm 
     Stadium.  McGraw-Hill did not provide closed captioning or 
     other visual presentation of this emergency information 
     until 5:55 p.m.

      (5) At 3:32 p.m., reporter Kim Edwards said that The Woods 
     and East Lake in Otay Mesa were being evacuated.  McGraw-
     Hill did not provide closed captioning or other visual 
     presentation of this emergency information until 5:46 p.m.

      (6) At 4:03 p.m., Ms. Edwards said that East Lake Woods and 
     East Lake Trails in Otay Mesa    were being evacuated.  
     McGraw-Hill did not provide closed captioning or other 
     visual presentation of this emergency information until 5:46 
     p.m.

      (7) At 7:17 p.m.,43  a representative of the California 
     Highway Patrol (``CHP'') stated that Routes I-8, 67, and 52, 
     Valley Center Road, Lake Wohlford Road, and Cole Grace Road 
     were closed.  McGraw-Hill did not provide closed captioning 
     or other visual presentation of any portion of this 
     emergency information until 8:13 p.m., when it provided 
     visual presentation of some of the emergency information.  
     McGraw-Hill did not provide any visual presentation of the 
     remainder of this emergency information through at least 
     11:10 p.m.

     (8)  At 8:18 p.m., a CHP representative said that Route 52 
     was closed.  McGraw-Hill did not provide closed captioning 
     or other visual presentation of this emergency information 
     until 9:22 p.m.

     (9)  At 9:22 p.m., a CHP representative said that Wildcat 
     Canyon Road, Scripps Poway Parkway, Valley Center Road, Old 
     Highway 80, Poway Road, and Cole Grace Road were closed.  
     McGraw-Hill did not provide closed captioning or other 
     visual presentation of this emergency information through at 
     least 11:10 p.m.

     (10)  At 10:02 p.m., a representative of the California 
     Department of Forestry said that Crest and Shadow Mountain 
     were being evacuated.  McGraw-Hill did not provide closed 
     captioning or other visual presentation of this emergency 
     information through at least 11:10 p.m.
     
     (11)   At 8:15 a.m., on October 27, 2003,44 the San Diego 
     Police Chief said that Route 52 was closed.  McGraw-Hill did 
     not provide closed captioning or other visual presentation 
     of this emergency information through at least 8:57 a.m.

     (12)    At 4:22 p.m., reporter Lauren Reynolds said that 
     Rancho Jamul, Proctor Valley Road, Melody Lane, and Echo 
     Valley Road were being evacuated to Balboa Park. McGraw-Hill 
     did not provide closed captioning or other visual 
     presentation of any portion of this emergency information 
     until 5:18 p.m., when it provided visual presentation of 
     some of the emergency information.  McGraw-Hill did not 
     provide any visual presentation of the remainder of this 
     emergency information through at least 5:58 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 Edward W. Hummers, Jr., counsel for McGraw-Hill, to 
Peter G. Wolfe, Senior Attorney, FCC (June 21, 2004) 
(``Response''), Attachment 5.
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 Derek  M. Dalton, 
Vice President and General Manager, KGTV (May 26, 2004) (``Letter 
of Inquiry'').  
8Response, filed June 21, 2004.
9The specific instances listed here and in Appendix A, all of 
which demonstrate McGraw-Hill's apparent failure to provide 
visual access to emergency information, form the basis of this 
NAL. 
10 The examples described in the text all occurred on October 26, 
2003.
11McGraw-Hill did not provide videotape of all its wildfire 
coverage on October 26 and 27.  Specifically, McGraw-Hill did not 
provide any videotapes for October 26, 2003 between 11:10 p.m. 
and 11:49 p.m., and on October 27, 2003 between 6:58 a.m. and 
7:56 a.m., between 8:57 a.m. and 9:32 a.m., between 9:57 a.m. and 
11:00 a.m., between 11:59 a.m. and 4:00 p.m., between 5:58 p.m. 
and 7:38 p.m. (Showing of first half of  Monday Night Football), 
and between 7:45 p.m. and  9:22 p.m. (Showing of second half of 
Monday Night Football).  Consequently, we cannot determine 
whether McGraw-Hill, during these gaps of time, visually 
presented emergency information that it had previously aurally 
presented.  In our description of such cases, we note that 
McGraw-Hill did not make the emergency information accessible 
through at least the beginning of the missing coverage.  
12 According to KGTV's time register, the first videotape started 
at 6:32 a.m.  At 6:49 a.m., the time register skipped to 7:49 
a.m.  Because of this glitch, we conclude that the correct 
starting time was actually 7:32 a.m. 
1347 U.S.C  613.
14Closed 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'').
1547 C.F.R.  79.2(b)(1)(i).
16Second Report and Order, 15 FCC Rcd at 6620, para. 11.
17Id. at 6618, para. 8.  
18Id. at 6621, para. 11.
19Id. at 6623-24, para. 16.
20Id. 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. 
21 47 C.F.R.  79.2(a)(2).
22Id.
23Second Report and Order, 15 FCC Rcd at 6617, para. 5.
24Id. (emphasis added).
25Note to 47 C.F.R.  79.2(a)(2) (emphasis added).
26See, 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).
2747 C.F.R.  79.1(a)(2).
28See, e.g., KGTV 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.
29 KGTV Videotapes.
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.
33 Response at 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 McGraw-Hill 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.
42 See n.10.
43 Examples 1-10 occurred on October 26, 2003.
44 Examples 11 and 12 occurred on October 27, 2003.