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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                  )                               
     One Mart Corporation              )        File No. EB-06-SD-210  
     Former Licensee of Station KEVT   )   NAL/Acct. No. 200732940004  
     Cortaro, AZ                       )              FRN: 0007290406  
     Facility ID #13969                )                               

                                FORFEITURE ORDER

   Adopted: September  5, 2007    Released:  September 7, 2007

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of six thousand, four hundred dollars ($6,400) to One Mart
       Corporation ("One Mart "), former licensee of AM Broadcast Radio
       station KEVT in Cortaro, Arizona, for apparent willful and repeated
       violation of Section 11.35 of the Commission's Rules ("Rules"). On
       December 28, 2006, the Enforcement Bureau's San Diego Office issued a
       Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
       $8,000 to One Mart for failing to ensure the operational readiness of
       KEVT's Emergency Alert System ("EAS") equipment. In this Order we
       consider One Mart's request that we reduce the forfeiture amount
       because of its good faith efforts to comply with the Rules, its
       history of compliance with the Rules, and its financial ability to pay
       the forfeiture.


    2. On August 17, 2006, an agent from the Enforcement Bureau's San Diego
       Office conducted an inspection at the main studio of KEVT located at
       2919 E. Broadway, Suite 203, Tucson, Arizona, accompanied by the KEVT
       chief engineer. Although EAS equipment was installed, the agent found
       that it was not operating properly at the time of inspection. The San
       Diego agent found that the EAS equipment was capable of transmitting a
       required weekly test ("RWT"). However, a review of the EAS logs and
       printouts generated by the EAS Encoder/Decoder indicated that from
       November 2005 through August 2006, no required monthly tests ("RMTs")
       were received or retransmitted from the first and second local primary
       stations ("LP-1" and "LP-2") and that no RWTs had been received from
       the LP-2 since June of 2005. The EAS logs also indicated that numerous
       RWTs were not transmitted in 2006. Only three RWTs were sent during
       the 15 week period from April 30 - August 12, 2006. No entries were
       made by the KEVT staff in the EAS log to identify the causes of these
       failures or what steps were taken to remedy them. On the date of
       inspection, the San Diego agent requested that the LP-1 and LP-2 both
       transmit RWTs. Neither RWT could be heard through the KEVT EAS
       equipment and there was no indication that the KEVT EAS equipment
       received either RWT. The KEVT EAS equipment did not produce any EAS
       printout to indicate the RWTs from the LP stations had been received.
       The chief engineer acknowledged to the San Diego agent that the KEVT
       EAS equipment may have been having technical problems.

    3. On August 29, 2006, the San Diego agent spoke with the KEVT chief
       engineer and the chief engineer advised that One Mart would be
       replacing the KEVT EAS equipment. The KEVT chief engineer indicated
       that he was in the process of obtaining cost estimates from various
       EAS vendors.

    4. On December 28, 2006, the Enforcement Bureau's San Diego Office issued
       the NAL in the amount of $8,000 to One Mart for violating Section
       11.35 of the Rules. One Mart filed a response ("Response")  to the NAL
       on February 27, 2007, and supplemented that response on June 24, 2007.
       In its Response, One Mart does not dispute the EAS violations found by
       the San Diego agent. One Mart asks for mitigation of the forfeiture
       amount based on the destruction of two of the four KEVT antenna
       structures in 2003 by high winds, and the station's efforts to rebuild
       while operating under special temporary authority at a greatly reduced
       power, which greatly reduced its revenue. One Mart also asks that we
       take into consideration its good faith efforts to replace the EAS
       equipment, as well as its history of compliance with the Commission's


    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 ("Forfeiture
       Policy Statement"). In examining One Mart'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

    6. 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.

    7. 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.

    8. One Mart does not dispute the facts as described in the NAL, but does
       ask for mitigation based on the decreased revenue of the station. One
       Mart states that two of the four KEVT towers were destroyed by
       "tornado force winds" on July 15, 2003, and the station was forced to
       operate at substantially reduced power. This caused a major loss of
       revenue and listenership to the station. To support this claim, One
       Mart supplies its last three years of tax records. In analyzing a
       financial hardship claim, the Commission generally has looked to gross
       revenues as a reasonable and appropriate yardstick in determining
       whether a licensee is able to pay the assessed forfeiture.  The data
       produced by One Mart, however, does not support cancellation or
       reduction of the forfeiture, as the forfeiture amount does not exceed
       two percent of One Mart's average gross revenues for the three years
       covered by the financial documents. Therefore, we are unable to reduce
       the forfeiture based on One Mart's inability to pay.

    9. One Mart also states that it had planned to address the EAS issues at
       the station once the station was back at full power. It states that it
       had planned to have its chief engineer attend the NAB Radio Conference
       in September 2006 to look for replacement EAS equipment. Reductions
       based on good faith efforts to comply generally involve situations
       where violators demonstrate that they initiated measures to correct or
       remedy violations prior to a Commission inspection or investigation.
       While One Mart has acknowledged that new EAS equipment was needed for
       KEVT, and that it had planned to obtain such equipment, it has
       produced no evidence that it initiated the purchase of new EAS
       equipment or the repair of the old EAS equipment repairs prior to the
       August 17, 2006, inspection by the San Diego agent, who notified One
       Mart of the EAS equipment issues at KEVT. Therefore, we cannot
       conclude that One Mart's efforts to comply occurred prior to a
       Commission inspection and, consequently, we decline to reduce the
       forfeiture amount on that basis.

   10. Finally, One Mart asks that the forfeiture amount be reduced based on
       its overall history of compliance with the Commission's Rules. We have
       reviewed our records and we concur. Consequently, we reduce One Mart's
       forfeiture amount from $8,000 to $6,400.

   11. Based on the information before us, having examined it according to
       the statutory factors above, and in conjunction with the Forfeiture
       Policy Statement, we find that reduction of the proposed forfeiture to
       $6,400 is warranted.


   12. 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, One Mart Corporation,
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,400 for
       willfully and repeatedly violating Section 11.35 of the Rules.

   13. 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.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to One Mart
       Corporation, at its address of record, and Ernest T. Sanchez, Esquire,
       its counsel of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   See Assignment of License from One Mart Corporation to Sloan Broadcasting,
   LLC, File No. BAL-20061010ACT, granted November 27, 2006 and consummated
   January 5, 2007. Since the assignment of the license to Sloan
   Broadcasting, LLC, the call sign of the station has been changed to KCEE.
   We also note that on March 14, 2007, the Commission approved the
   assignment of license of KQTL, Sahuarita, Arizona, Facility ID No. 19119,
   from Multicultural Radio Broadcasting Licensee, LLC, to One Mart, File No.
   BAL-20070129ALJ. The transaction was consummated on April 27, 2007. On May
   2, 2007, One Mart changed the call sign of that station to KEVT.

   47 C.F.R. S: 11.35.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732940004
   (Enf. Bur., Western Region, San Diego Office, released December 28, 2006).

   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)(E).

   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, 17 FCC Rcd
   4055 (2002).

   47 C.F.R. S:S: 73.1820 and 73.1840.

   See File Numbers BSTA-20030813AHE, granted August 23, 2003;
   BSTA-20040315AFN, granted April 30, 2004; BSTA-20041101AIA, granted
   February 23, 2005; BSTA-20050614ADW, granted November 22, 2005;
   BSTA-20060301AEA, granted November 17, 2006.

   See PLB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992)
   (forfeiture not deemed excessive where it represented approximately 2.02
   percent of the violator's gross revenues).

   One Mart states that by August 24, 2006, the towers were rebuilt and tuned
   and a license application was filed with the Commission on August 24,
   2006, to cover the reconstruction. See File Number BZ-20060824AFC, granted
   March 8, 2007.

   See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon.
   denied, 18 FCC Rcd 25481 (2003).

   One Mart reports that Sloan Broadcasting, LLC, has purchased new EAS
   equipment for the station. We see no basis for reducing the forfeiture
   amount based on the actions of the new licensee. A licensee is expected to
   correct errors when they are brought to the licensee's attention and that
   such correction is not grounds for a downward adjustment in the
   forfeiture. See AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76

   On November 16, 2006, the San Diego Office issued a Notice of Violation
   (NOV No. V20073294001, released November 16, 2006) to One Mart because of
   deficiencies in the KEVT public inspection file. The inspection which
   generated this NOV, however, was the same inspection, conducted on the
   same day, as the inspection which generated the instant NAL. Given that
   these violations were observed by the San Diego agent on the same day, we
   find that prior to these violations, One Mart had a history of compliance
   with the Rules.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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 07-3843



   Federal Communications Commission DA 07-3843