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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
     In the Matter of                      )                                
                                                                            
     Hoak Media of Colorado License, LLC   )     File Number: EB-07-DV-021  
                                                                            
     Licensee of Station KGJT-LP           )   NAL/Acct. No.: 200732800002  
                                                                            
     Grand Junction, Colorado              )               FRN: 0014363147  
                                                                            
     Facility ID # 71948                   )                                
                                                                            
                                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 30, 2007

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hoak Media of Colorado License, LLC ("Hoak Media"), licensee of
       Class A television broadcast station KGJT-LP, in Grand Junction,
       Colorado, apparently willfully and repeatedly violated Sections
       11.35(a) and 73.3526 of the Commission's Rules ("Rules") by failing to
       ensure the operational readiness of the station's Emergency Alert
       System ("EAS") equipment, and by failing to maintain a complete public
       inspection file. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Hoak Media is
       apparently liable for a forfeiture in the amount of eight  thousand
       dollars ($8,000).

   II. BACKGROUND

    2. On January 5, 2007, agents from the Enforcement Bureau's Denver Office
       conducted an inspection of KGJT-LP at the station's main studio
       location of 345 Hillcrest Drive, in Grand Junction, Colorado, during
       normal business hours. According to Commission records, KGJT-LP was
       converted to Class A status on August 9, 2001. Hoak Media filed a
       timely renewal application for KGJT-LP on December 1, 2005, which is
       still pending.

    3. While examining the public inspection file, the Denver agents observed
       that the file was not complete. Specifically, there were no quarterly
       issues/program lists in the public inspection file. The business
       manager for KGJT-LP informed the agents that issues/programs lists
       were not maintained for KGJT-LP because the station was unaware that
       the rules required such lists to be maintained by Class A television
       stations.

    4. The Denver agents also inspected the KGJT-LP EAS equipment. The agents
       asked the KGJT-LP master control operator to run a required weekly
       test ("RWT"). The control operator advised the agents that there would
       be no visual message on the RWT. A Denver agent asked the KGJT-LP
       engineer if KGJT-LP had a character generator installed to produce the
       visual message, and the KGJT-LP engineer stated that KGJT-LP had never
       installed an EAS character generator.

    5. On February 7, 2007, a Denver agent contacted the engineer for
       KGJT-LP. The engineer stated that KGJT-LP installed a character
       generator as part of the station's EAS equipment a few weeks after the
       January 5, 2007, inspection.

   III. DISCUSSION

    6. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly 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.

    7. The Rules provide that every broadcast station, including Class A
       television stations, 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.

    8. 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.

    9. 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.

   10. Section 11.51 of the Rules requires television stations to transmit
       national level EAS messages and required tests, transmitting a visual
       message. If the message is a video crawl, it must be displayed at the
       top of the television screen or where it will not interfere with other
       visual messages.

   11. KGJT-LP was unable to transmit the visual message portion of the EAS
       test requested by the Denver agents because an EAS character generator
       was not installed at the time of inspection. Station staff informed
       the Denver agents that KGJT-LP had never installed an EAS character
       generator. As a Class A television station, KGJT-LP is required to
       transmit both aural and visual EAS messages. KGJT-LP personnel were
       aware that no visual message was being transmitted on the EAS tests it
       transmitted, therefore, the violation was willful. The violation
       occurred for more than one day, therefore it was repeated. While Hoak
       Media reports that they have since installed an EAS character
       generator for KGJT-LP, we note that the Commission has consistently
       held that the subsequent remedial actions undertaken by the licensee
       do not excuse or nullify a licensee's rule violation.

   12. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection a file containing materials listed in
       that section. Section 73.3526(e)(11)(i) of the Rules requires
       licensees to place in their public inspection file a list for each
       calendar quarter, to be filed by the tenth day of the succeeding
       calendar quarter, a list of programs that have provided the station's
       most significant treatment of community issues during the preceding
       three month period. These lists must be retained in the station's
       public inspection file until final action has been taken on the
       station's next renewal application. At the time of the inspection,
       KGJT-LP's public inspection file contained no issues/programs lists.
       In the pending KGJT-LP renewal application, in response to Section IV,
       Question 3, Hoak Media certified that the public inspection file for
       KGJT-LP had the proper documentation as required by 73.3526. However,
       as the Denver agents' inspection revealed, KGJT-LP did not have a
       complete public inspection file. Not withstanding the business
       manager's unfamiliarity with the public inspection file rules, Hoak
       Media was aware of the requirement to have a complete public
       inspection file, given its certification of compliance with the public
       inspection file rules on the KGJT-LP  Renewal Application. Therefore,
       Hoak Media's violation was willful. No evidence could be found to
       indicate that any of the missing issues/programs lists were ever in
       place. Therefore, Hoak Media's violation was repeated. Where lapses
       occur in maintaining the public inspection file, neither the negligent
       acts nor omissions of station employees or agents, nor the subsequent
       remedial actions undertaken by the licensee, excuse or nullify a
       licensee's rule violation.

   13. Based on the evidence before us, we find that Hoak Media apparently
       willfully and repeatedly violated Sections 11.35(a) and 73.3526 of the
       Rules by failing to ensure the operational readiness of the KGJT-LP
       EAS equipment and by failing to make available a complete public
       inspection file.

   14. 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 amount for public file violations is $10,000 and 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 history of prior offenses, ability to pay, and other
       such matters as justice may require. In this case, while the Emergency
       Alert System was able to transmit aural tests and messages, the system
       was incapable of transmitting visual tests and messages, as there was
       no character generator installed. We therefore conclude that the
       forfeiture amount of $4,000 for failing to ensure the complete
       operational readiness of the KGJT-LP EAS equipment is appropriate.
       Additionally, while the KGJT-LP public inspection file was partially
       complete, it did not contain multiple years of the issues/programs
       lists. We therefore conclude that the forfeiture amount of $4,000 for
       maintaining an incomplete public inspection file is appropriate.
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that Hoak Media is
       apparently liable for an $8,000 forfeiture.

   IV. ORDERING CLAUSES

   15. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Hoak Media of Colorado
       License, LLC is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of eight thousand dollars ($8,000) for
       violations of Sections 11.35(a) and 73.3526 of the Rules.

   16. 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, Hoak Media of Colorado
       License, LLC SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   17. 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.

   18. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226 and must include
       the NAL/Acct. No. referenced in the caption.

   19. 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.

   20. 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.

   21. 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 Hoak Media of Colorado License, LLC.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. SS 11.35(a), 73.3526.

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

   See BRTTA-20051201BFM, accepted for filing December 2, 2005 ("KGJT-LP
   Renewal Application"). Hoak Media amended this renewal application on
   March 20, 2006. ("KGJT-LP Renewal Application Amendment") in which it
   stated that its certifications in the KGJT-LP Renewal Application cover
   only the period from November 12, 2003, to March 20, 2006. KGJT-LP Renewal
   Application Amendment at Exhibit 6.

   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.

   47 C.F.R. S 11.51(a),(d). See also 47 C.F.R. S 73.1250(h)("...[W]hen an
   emergency operation is being conducted under a national, State or Local
   Area Emergency Alert System (EAS) plan, emergency information shall be
   transmitted both aurally and visually unless only the EAS codes are
   transmitted as specified in S11.51(b) of this chapter.").

   See 47 C.F.R. S 11.11(a).

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)).

   47 C.F.R. S 73.3526(e)(11)(i).

   See KGJT-LP Renewal Application. We note that in its renewal application
   and amendment, Hoak Media states that the certifications made in the
   application cover only the time period from November 12, 2003, to March
   20, 2006. For that entire time period, however, there are no quarterly
   issues /programs lists in the KGJT-LP public inspection file.

   See Padre Serra Communications, Inc., supra.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 11.35(a),
   73.3526.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission