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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Action Radio, LLC )
File Number: EB-07-PO-083
Former Licensee of Stations KZZR(AM) )
and KQHC-FM NAL/Acct. No.: 200732920005
Burns, Oregon FRN: 0013304258
Facility ID Numbers 62265 and 62264
Adopted: March 27, 2008 Released: March 31, 2008
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Order ("Order"), we cancel a proposed monetary forfeiture to
Action Radio, LLC ("Action Radio"), former licensee of broadcast
stations KZZR(AM) and KQHC-FM, in Burns, Oregon, and admonish Action
Radio for its willful and repeated violation of Section 11.35(a) of
the Rules. On August 14, 2007, the Enforcement Bureau's Portland
Resident Agent Office issued a Notice of Apparent Liability for
Forfeiture ("NAL") in the amount of $8,000 to Action Radio for willful
and repeated violation of Section 11.35(a) of the Commission's Rules
("Rules") by failing to ensure the operational readiness of the
KZZR(AM) and KQHC-FM Emergency Alert System ("EAS") equipment.
2. On July 26, 2007, in response to a complaint, an agent of the
Enforcement Bureau's Portland Resident Agent Office inspected the EAS
equipment installed at KZZR(AM) and KQHC-FM's studio in Burns, Oregon.
The inspection revealed that the KZZR(AM) and KQHC-FM EAS
encoder/decoder, model Sage, was not operational and that the date
stamp was reset to a default year of 1995. The agent reviewed the
KZZR(AM) and KQHC-FM EAS logs and observed that the last EAS entry was
a Required Weekly Test transmitted on July 24, 2006. In response to
questions from the Portland agent, the Action Radio general manager
and assistant general manager acknowledged that KZZR(AM) and KQHC-FM
had not conducted any EAS Tests or alerts for "over a year" because of
the non-operational EAS equipment.
3. On August 14, 2007, the Portland Resident Agent Office issued a NAL in
the amount of $8,000 to Action Radio. In the NAL, the Portland
Office found that Action Radio apparently willfully and repeatedly
violated Section 11.35(a) of the Rules by failing to ensure the
operational readiness of the EAS equipment at KZZR(AM) and KQHC-FM.
Action Radio filed a response to the NAL on October 5, 2007
("Response"). In its Response, Action Radio does not deny the
inoperability of the EAS equipment, but requests that the forfeiture
be reduced or cancelled based on its history of compliance with the
Commission's Rules, and its ability to pay the forfeiture because of
its financial situation.
4. 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.
5. 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
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
7. Action Radio does not deny the violations described in the NAL, but
asserts that it has a history of compliance with the Commission's
Rules. We have reviewed our records, and we agree. Action Radio also
asserts that the forfeiture will result in a financial hardship to
Action Radio, and supplies tax returns and financial records for
Action Radio, LLC, and its sole member. After reviewing the Response,
the financial documentation submitted, as well as the assignment of
license application for KZZR(AM) and KQHC-FM, we conclude that payment
of the proposed $8,000 forfeiture would impose financial hardship on
Action Radio. Furthermore, we note Action Radio is no longer the
licensee of KZZR(AM) and KQHC-FM, holds no other broadcast licenses,
and it appears to have no assets since the consummation of the
transaction concerning the assignment of those two stations.
Therefore, we conclude that cancellation of the forfeiture is
warranted. Nevertheless, we find that it is appropriate to admonish
Action Radio for its willful and repeated violation of Section
11.35(a) of the Rules.
IV. ORDERING CLAUSES
8. 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, that the proposed
forfeiture in the amount of eight thousand dollars ($8,000) issued to
Action Radio, LLC, in the August 14, 2007, Notice of Apparent
Liability for willful and repeated violations of Section 11.35 of the
Rules IS CANCELLED.
9. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its
willful and repeated violations of Section 11.35(a) of the Rules.
10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Action
Radio, LLC, at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
On October 1, 2007, an assignment of the KZZR(AM) and KQHC-FM licenses
from Action Radio, LLC, to B & H Radio, Inc., was granted. See File No.
BAL-20070807ABH. The transaction was consummated on October 1, 2007.
47 C.F.R. S: 11.35(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732920005
(Enf. Bur., Western Region, Portland Resident Agent Office, released
August 14, 2007).
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:S: 11.11 and 11.41.
47 C.F.R. S:S: 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).
See Grass Roots Broadcasting, LLC, 19 FCC Rcd 4018 (EB 2004); Lighthouse
Broadcasting, 18 FCC Rcd 9573 (EB 2003).
Federal Communications Commission DA 08-742
Federal Communications Commission DA 08-742