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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                    )                                
     Telefutura Partnership of Douglas   )        File No. EB-09-SD-0103  
     Licensee of Station KFTU-DT         )    NAL/Acct. No. 201032940003  
     Douglas, Arizona                    )                FRN:0006495147  
     Facility ID #81441                  )                                


   Adopted: May 10, 2010 Released: May 12, 2010

   By the District Director, San Diego Office, Western Region, Enforcement


     1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
        that Telefutura Partnership of Douglas ("Telefutura"), the licensee
        of Digital Television broadcast station KFTU-DT ("KFTU") in Douglas,
        Arizona, apparently willfully and repeatedly violated Section 11.35
        of the Commission's Rules ("Rules") by failing to ensure the
        operational readiness of KFTU's Emergency Alert System ("EAS")
        equipment. We conclude, pursuant to Section 503(b) of the
        Communications Act of 1934, as amended ("Act"), that Telefutura is
        apparently liable for a forfeiture in the amount of eight thousand
        dollars ($8,000).


     1. On September 1, 2009, agents from the Enforcement Bureau's San Diego
        Office conducted an inspection at the main studio of KFTU located at
        1111 G Avenue, Douglas, Arizona. Although EAS equipment was present,
        the agents found that it was not operating properly at the time of
        inspection. The agents observed that the EAS equipment was capable of
        transmitting a required weekly test ("RWT"). A review of the EAS logs
        and printouts generated by the EAS Encoder/Decoder indicated,
        however, that from February 2009 through August 2009, no required
        monthly tests ("RMTs") were recognized as being received or
        retransmitted from the designated first local primary station
        ("LP-1"), and that no RWTs had been received from the designated
        second local primary station ("LP-2") since January 2007. At the time
        of the inspection, the staff of KFTU acknowledged that they did not
        add the LP-2 monitoring source until on or about August 26, 2009.

     2. In addition, the agents noted that KFTU was broadcasting a second
        program stream (Univision programming), which, according to KFTU
        staff, began operations on June 12, 2009. EAS messages could not be
        broadcast on this second program stream, as no EAS equipment was
        connected. According to both KFTU staff and EAS records, EAS
        notifications have never been made on the Univision program stream of

     3. On the date of inspection, the agents contacted the area LP-1 and
        LP-2 radio stations and requested that they transmit RWTs in order to
        test the receiver capabilities of KFTU's EAS equipment. Neither of
        the RWTs could be heard through KFTU's EAS equipment. Printouts from
        KFTU's EAS equipment indicated that the RWTs were detected, however
        the printouts stated "Already expired," and did not have any valid
        header codes for the EAS equipment to recognize the originator of the
        EAS test or what type of EAS test was being sent. The agents examined
        KFTU's EAS records and found that there were no entries made
        indicating: (1) why the EAS equipment was not properly monitoring the
        two designated local primary radio stations, (2) why the EAS
        equipment was not operating properly, (3) what may have caused these
        failures, and (4) what steps were taken to remedy them.


     1. Section 503(b) of the Act provides that any person who willfully
        fails to comply substantially with the terms and conditions of any
        license, or willfully fails to comply with any of the provisions of
        the Act or of any rule, regulation or order issued by the Commission
        thereunder, shall be liable for a forfeiture penalty. The term
        "willful" as used in Section 503(b) has been interpreted to mean
        simply that the acts or omissions are committed knowingly. The term
        "repeated" means the commission or omission of such act more than
        once or for more than one day.

     2. Every 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 refrain from participation, and
        that request is approved by the Commission. The EAS enables the
        President and state and local governments 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. As the nation's emergency warning system, the
        Emergency Alert System is critical to public safety, and we recognize
        the vital role that broadcasters play in ensuring its success. The
        Commission takes seriously any violations of the Rules implementing
        the EAS and expects full compliance from its regulatees.

     3. 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. 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. Accordingly, 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.  

     4. A review of KFTU's station log from February 2, 2009, through
        September 1, 2009, revealed that the KFTU's EAS equipment was not
        operating properly. KFTU did not properly receive or transmit any
        RMTs from either the LP-1 or the LP-2 station during this period, and
        there was no record to indicate what was done to remedy this problem.
        All EAS tests received during this period received an error message
        that stated "Already expired," with no EAS header protocols, as
        demonstrated by the tests conducted by the designated LP-1 and LP-2
        radio stations during the FCC inspection. There were no appropriate
        entries made in the EAS log to indicate reasons why tests were
        continually receiving an expired message and why the RMTs were not
        transmitted. Also, the second monitoring assignment was not added
        until on or about August 26, 2009. If a true emergency had occurred
        during this period and the LP-1 was not operational, a message from
        the LP-2 would not have been received. Because it was not utilizing a
        second monitoring source, KFTU may have put viewers at risk.

     5. KFTU was also multicasting, using a second program stream to provide
        Univision programming to the viewing public. Any viewers of this
        program stream would have been unaware of any EAS alerts or messages,
        as no EAS equipment was connected. As stated in 11.51(c) of the
        Rules, all DTV broadcast stations must transmit EAS messages on all
        program streams.

     6. The engineering staff of KFTU acknowledged to the San Diego agents
        that KFTU's EAS equipment may have been experiencing technical
        problems on the day of the inspection, and admitted that the second
        program stream had no connection to KFTU EAS equipment. Telefutura
        was aware of the EAS requirements, having installed EAS equipment,
        therefore, this violation is willful. In addition, Telefutura has
        failed to properly maintain the EAS equipment installed at KFTU for a
        period of over seven months, and failed to install any EAS
        capabilities for its second program stream for more than 80 days. As
        a result, Telefutura's violation is repeated. Based on the evidence
        before us, we find that Telefutura apparently willfully and
        repeatedly violated Section 11.35 of the Rules by failing to ensure
        the operational readiness of the EAS equipment for its authorized DTV
        broadcast station, KFTU-DT, Douglas, Arizona.

     7. Pursuant to The Commission's Forfeiture Policy Statement and
        Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
        Guidelines ("Forfeiture Policy Statement") and Section 1.80 of the
        Rules, the base forfeiture for EAS equipment not installed or
        operational is $8,000. In assessing the monetary forfeiture amount,
        we must also take into account the statutory factors set forth in
        Section 503(b)(2)(E) of the Act, which include the nature,
        circumstances, extent, and gravity of the violations, and with
        respect to the violator, the degree of culpability, and any history
        of prior offenses, ability to pay, and other such matters as justice
        may require. Applying the Forfeiture Policy Statement, Section 1.80
        of the Rules, and the statutory factors to the instant case, we
        conclude that Telefutura Partnership of Douglas is apparently liable
        for an $8,000 forfeiture.


     1. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
        Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
        1.80 of the Commission's Rules, Telefutura Partnership of Douglas is
        amount of eight thousand dollars ($8,000) for violating Section 11.35
        of the Commission's Rules.

     2. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
        Commission's Rules, within thirty days of the release date of this
        Notice of Apparent Liability for Forfeiture, Telefutura Partnership
        of Douglas SHALL PAY the full amount of the proposed forfeiture, or
        SHALL FILE a written statement seeking reduction or cancellation of
        the proposed forfeiture.

     3. 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 979088, St. Louis, MO
        63197-9000.  Payment by overnight mail may be sent to U.S. Bank -
        Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
        Louis, MO 63101.   Payment by wire transfer may be made to ABA
        Number 021030004, receiving bank TREAS/NYC, and account
        number 27000001. For payment by credit card, an FCC Form 159
        (Remittance Advice) must be submitted. When completing the FCC Form
        159, enter the NAL/Account number if block number 23A (call
        sign/other ID), and enter the letters "FORF" in block 24A (payment
        type code). Requests for full payment under an installment plan
        should be sent to: Chief Financial Officer - Financial Operations,
        445 12th St., S.W., Room 1-A625, Washington, DC 20554. If you have
        any questions, please contact the Financial Operations Group Help
        Desk at 1-877-480-3201 or Email: If payment is
        made, violator will send electronic notification on the date said
        payment is made to

     4. The response, if any, must be mailed to Federal Communications
        Commission, Enforcement Bureau, Western Region, San Diego Office,
        4542 Ruffner Street, Suite 370, San Diego, California, 92111, and
        must include the NAL/Acct. No. referenced above.

     5. The Commission 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.

     6. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
        Liability for Forfeiture shall be sent by Certified Mail, Return
        Receipt Requested, and regular mail, to Telefutura Partnership of
        Douglas, at its address of record.


   William R. Zears, Jr.

   District Director

   San Diego Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 11.35.

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

   47 C.F.R. S: 11.33(a). The EAS decoder must at a minimum be capable of
   decoding the EAS protocol described in 47 C.F.R. S: 11.31.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term `repeated,' when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 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) - (b).

   47 C.F.R. S: 11.61(a)(1) - (2). The required monthly and weekly tests must
   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, 73.1840.

   Additionally, no request was sent to the District Director of the San
   Diego Office notifying the office of the defective equipment and
   requesting additional time to repair the equipment, as required pursuant
   to Section 11.35(c) of the Rules. 47 C.F.R. S: 11.35(c).

   47 C.F.R. S: 11.51(c).

   After the inspection, Telefutura staff sent an email to the San Diego
   agent indicating that the technical problems had been corrected. We note
   that the Commission has stated in the past that 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 e.g., AT&T Wireless Services, Inc. 17 FCC Rcd 21866,
   21871-76 (2002).

   47 C.F.R. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80, 11.35.

   See 47 C.F.R. S: 1.1914

   Federal Communications Commission DA 10-796


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   Federal Communications Commission DA 10-796