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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                       )                                
     Farmworkers Educational Radio          )                                
     Network, Inc.                                File Number: EB-05-SD-072  
     Licensee of Station KCEC-FM                NAL/Acct. No.: 200532940003  
     Wellton, Arizona                                       FRN: 0010057685  
     Facility ID #21207                                                      

                                FORFEITURE ORDER

   Adopted: June 27, 2006 Released:  June 29, 2006

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Farmworkers
       Educational Radio Network, Inc. ("Farmworkers"), the licensee of FM
       Broadcast Radio station KCEC-FM in Wellton, Arizona, for repeatedly
       violating Section 11.35 of the Commission's Rules ("Rules"). On July
       20, 2005, the Enforcement Bureau's San Diego Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") to Farmworkers for failing
       to ensure the operational readiness of KCEC-FM's Emergency Alert
       System ("EAS") equipment. In this Order, we consider Farmworkers'
       arguments that the EAS transmission equipment was fully operational,
       and that the proposed forfeiture should be cancelled or reduced.


    2. On April 8, 2005, an agent from the Commission's San Diego Office
       conducted an inspection at the main studio of KCEC-FM located at 670
       E. 32^nd Street, Suite 12A, Yuma, Arizona. Although EAS equipment was
       installed, the agent found that it was not operational at the time of
       inspection. No audio from the EAS receiver for the designated first
       and second local primary stations ("LP-1" and "LP-2") could be heard.
       At the request of the agent, the designated LP-1 and LP-2 stations ran
       a required weekly test ("RWT") during this inspection and the
       station's EAS equipment did not detect the activation. A review of the
       EAS log and printouts generated by the EAS encoder/decoder indicated
       that from January 2004 through April 2005, only four monthly tests
       ("RMT") were received from the local primary stations and none of
       these tests were retransmitted. EAS logs also indicated that numerous
       RWTs were not transmitted by KCEC-FM and numerous RWTs were not
       received from either designated LP-1 or LP-2 stations during this same
       period. No entries were made by KCEC-FM staff in the EAS log to
       identify the causes of these failures or what steps were taken to
       remedy any failures.

    3. On April 22, 2005, the San Diego agent spoke with KCEC-FM's Chief
       Engineer. The Chief Engineer acknowledged that problems were found
       with the EAS equipment during the engineer's inspection of the
       station's EAS equipment on April 9, 2005. Specifically, he indicated
       that the EAS equipment was originally set for the automatic mode to
       receive and to forward the information received for the tests from the
       local primary stations. However, the EAS equipment was switched to the
       manual mode, requiring a staff person to manually resend the RMT.
       Also, the Chief Engineer indicated that the EAS receiver was not
       connected properly to a power source which explained why the tests
       sent by the LP-1 and LP-2 had not been received by KCEC-FM.

    4. On July 20, 2005, the Enforcement Bureau's San Diego Office issued a
       NAL in the amount of $8,000 to Farmworkers. In the NAL, the San Diego
       Office found that Farmworkers apparently repeatedly violated Section
       11.35 of the Rules, by failing to ensure the operational readiness of
       KCEC-FM's EAS equipment. Farmworkers filed a response on August 22,
       2005 ("Response"). In its Response, Farmworkers argues that the San
       Diego agent found overall compliance with the Commission's Rules, and
       that the only violations discovered concerned the EAS equipment and
       logging. While Farmworkers acknowledges lapses in the station's EAS
       monitoring and logging, it contends that KCEC-FM made a conscientious
       effort to comply with the EAS Rules; that the EAS transmission
       equipment was at all times fully operational; that the station had
       most of the required logging slips; and that if someone had not
       "jostled loose" the plug on the EAS receiver, the station would have
       been in full compliance.


    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. In examining
       the 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.

    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. Farmworkers argues that the EAS transmission equipment was fully
       operational at all times, that the EAS equipment had transmitted the
       RWT's in automatic mode, and that whether the equipment was in
       automatic or manual mode had no bearing on the transmission by the
       station of the self-generated RWT. Farmworkers supports this argument
       by attaching an affidavit from the KCEC-FM Chief Engineer who
       describes in detail how the KCEC-FM EAS equipment was set up to
       automatically transmit the RWT's. While we do not dispute the
       statements made concerning the transmission of the RWT's, we note that
       neither the Response nor the affidavit contain any evidence to refute
       the San Diego Office's finding that no audio from the RWT's
       transmitted by the LP-1 and LP-2, at the request of the San Diego
       agent, could be heard from the station's EAS receiver. Farmworkers,
       and the Chief Engineer, acknowledge that the EAS receiver was not
       plugged in, and the Chief Engineer acknowledges that only after he
       restored power to the EAS receiver did the lights indicating audio on
       the receiver's front panel as well as on the encoder/decoder light up.
       While Farmworkers admits that the receiver's plug had been "jostled
       loose" at some point in time prior to the inspection by the San Diego
       agent, we note that no one in the KCEC-FM studio noticed the EAS
       receiver's failure until the inspection. KCEC-FM's lack of operational
       readiness concerning its EAS equipment was also exemplified by the
       fact that the staff was unable to run a RWT without contacting the
       station's Chief Engineer.

   10. Farmworkers also argues that while there were lapses in KCEC-FM's EAS
       monitoring and logging, the station had most of the required logging
       slips. We disagree. The San Diego agent conducted a comprehensive
       review of the EAS logs and printouts generated by the KCEC-FM EAS
       encoder/decoder from January 2004 through April 2005, and found that
       only four RMT's were received from the LP-1 and LP-2 and none of these
       tests were retransmitted. Additionally, the station logs contained no
       entries indicating why tests were not received or transmitted.
       Farmworkers provides no evidence to dispute this finding.

   11. Farmworkers acknowledges the failure of the EAS receiver but asserts
       that the failure was a minor violation. Again, we disagree. The
       failure of the receiver resulted in a failure of the KCEC-FM EAS
       system. If the EAS receiver is unable to receive the signals from the
       LP-1 and LP-2, it is unable to receive the RMT's sent by those
       stations and, consequently, is unable to retransmit those RMT's, as
       required by the Rules. In the case of an actual emergency, KCEC-FM
       would have been unable to receive or retransmit emergency
       communications from the President, or state or local governments,
       because KCEC-FM was unable to receive the LP-1 and LP-2. Contrary to
       Farmworkers' assertions, we do not find such a situation to be a minor
       violation. The requirement that stations monitor, receive and
       retransmit the required EAS tests, particularly the RMT's, ensures the
       operational integrity of the EAS system in the event of an actual

   12. Farmworkers also argues that the forfeiture amount should be reduced
       because the agent found overall compliance with the Commission's
       Rules, and because KCEC-FM has an overall history of compliance with
       the Rules. In 2005, however, Farmworkers was assessed a $7,000
       forfeiture for willful and repeated violation of Section 73.1125 of
       the Rules. Because Farmworkers was previously the subject of an
       enforcement action, we find Farmworkers does not have an overall
       history of compliance and that reduction of the assessed forfeiture
       amount is not warranted.

   13. Farmworkers also seeks a reduction based on its good faith and
       voluntary disclosure of the facts and circumstances in this case. A
       good faith reduction is permissible when a licensee notices a
       violation and attempts to remedy it before the Commission conducts its
       inspection, or, it provides evidence of an established compliance
       program in place, prior to the Commission's involvement. Farmworkers
       meets neither standard. Additionally, Farmworkers only made
       disclosures to the San Diego agent once the agent had begun the
       inspection and therefore is not entitled to a reduction for
       voluntarily disclosing violations prior to a Commission inspection.

   14. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Farmworkers
       repeatedly violated Section 11.35 of the Rules, by failing to ensure
       the operational readiness of the EAS equipment at KCEC-FM. Considering
       the entire record and the factors listed above, we find that neither
       reduction nor cancellation of the proposed $8,000 forfeiture is


   15.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Farmworkers
       Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in
       the amount of $8,000 for repeatedly violating Section 11.35 of the

   16. 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. 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. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Farmworkers
       Educational Radio Network, Inc. at its address of record, and its
       counsel of record, Anne Thomas Paxson, Esquire, Borsari and Paxson.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 11.35.

   We note that in the NAL, the San Diego Office indicated multiple receivers
   were part of the system, one to receive the LP-1 and one to receive the
   LP-2. In its Response, Farmworkers indicates that only one receiver, an
   "EAS 930A Multi-Module Receiver," was part of the EAS system.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940003
   (Enf. Bur., Western Region, San Diego Office, released July 20, 2005). We
   note that in the NAL, the San Diego Office inadvertently listed an
   incorrect Facility ID Number for KCEC-FM. The station's correct Facility
   ID Number is listed in the caption of this Order.

   47 C.F.R. S 11.35.

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

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

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

   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).

   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, EB Docket
   No. 01-66, Report and Order, FCC 02-64 (Feb. 26, 2002); 67 Fed Reg 18502
   (April 16, 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.

   See Farmworker Educational Radio Network - Licensee of FM Station KRIT,
   Forfeiture Order, DA 05-729, 2005 WL 2180500 (rel. September 8, 2005).

   See, e.g., Petracom of Texarkana, 19 FCC Rcd 8096 (EB 2004).

   See Aquila, Inc., 19 FCC Rcd 22507 (EB 2004).

   See MAPA Broadcasting, L.L.C. WSLA(AM), 17 FCC Rcd 10519 (EB 2002).

   47 C.F.R. S 11.35.

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 11.35.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-1330



   Federal Communications Commission DA 06-1330