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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  
                                                                 
     Licensee of Station KEVT   )    NAL/Acct. No. 200732940004  
                                                                 
     Cortaro, AZ                )               FRN: 0007290406  
                                                                 
     Facility ID #13969         )                                
                                                                 
                                )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: December 28, 2006

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

   I. INTRODUCTION

     1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
        that One Mart Corporation ("One Mart "), the licensee of AM Broadcast
        Radio station KEVT in Cortaro, Arizona, apparently willfully and
        repeatedly violated Section 11.35 of the Commission's Rules
        ("Rules"), by failing to ensure the operational readiness of KEVT's
        Emergency Alert System ("EAS") equipment. We conclude, pursuant to
        Section 503(b) of the Communications Act of 1934, as amended ("Act"),
        that One Mart is apparently liable for a forfeiture in the amount of
        eight thousand dollars ($8,000).

   II. BACKGROUND

     1. 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.

     2. 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.

   III. DISCUSSION

     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. 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

     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.

     4. 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.

     5. A review of the KEVT station log for November 2005 through August 17,
        2006, revealed that the KEVT EAS equipment was not operating
        properly. KEVT did not receive or transmit any RMTs from either the
        LP-1 or the LP-2 station during this period. There was no record to
        indicate what was done to remedy this problem during this same
        period. KEVT's records also indicate that KEVT was not transmitting
        RWTs on a weekly basis. Only three RWTs were sent during the 15 week
        period from April 30 - August 12, 2006. There were no appropriate
        entries made in the EAS log to indicate reasons why tests were not
        received or transmitted. During the inspection by the San Diego
        agent, the LP-1 and LP-2 were both asked to transmit a RWT. The KEVT
        EAS equipment failed to receive either RWT. Additionally, the KEVT
        chief engineer acknowledged to the San Diego agent that the KEVT EAS
        equipment may be having technical problems.

     6. One Mart failed to properly review station logs to detect any EAS
        equipment failures, therefore, its violation is willful. One Mart
        failed to maintain the EAS equipment installed at KEVT for a period
        of over nine months and, consequently, numerous RMTs and RWTs were
        not received or transmitted. Therefore, One Mart's violation is
        repeated. Based on the evidence before us, we find that One Mart
        apparently willfully and repeatedly violated Section 11.35 of the
        Rules, by failing to ensure the operational readiness of the EAS
        equipment at KEVT.

     7.  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(b)(4) of the Rules
        sets forth the base forfeiture amounts for various violations of the
        Commission's 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)(D) of the Act, which include
        the nature, circumstances, extent, and gravity of the violation, 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 and the statutory factors, we conclude that One Mart
        Corporation is apparently liable for a forfeiture in the amount of
        $8,000.

   IV. ORDERING CLAUSES

     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, One Mart Corporation is hereby
        NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the 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, One Mart Corporation,
        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 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.

     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. Requests for payment of the full amount of this Notice of Apparent
        Liability for Forfeiture under an installment plan should be sent to:
        Associate Managing Director - Financial Operations, Room 1A625, 445
        12th Street, S.W., Washington, D.C. 20554.

     7. IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT LIABILITY shall be
        sent, by Certified Mail, Return Receipt Requested to One Mart
        Corporation, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   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).

   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. 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
   sources.

   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. SS 73.1820 and 73.1840.

   Additionally, no request was sent to the District Director of the San
   Diego District 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 503(b)(2)(d).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission

   3

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   Federal Communications Commission