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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Morongo Basin Broadcasting ) File Number EB-04-LA-116
Corporation )
) NAL/Acct. No. 200432900010
Licensee of FM Broadcast Station ) FRN 0007699564
KCDZ
Twenty Nine Palms, California
MEMORANDUM OPINION AND ORDER
Adopted: July 19, 2005
Released: July 21, 2005
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
cancel a two thousand dollar ($2,000) Notice of
Apparent Liability for Forfeiture (``NAL'')1 issued to
Morongo Basin Broadcasting Corporation (``Morongo''),
licensee of KCDZ(FM), in Twenty Nine Palms,
California, for its apparent repeated violations of
Sections 11.35(a) and 11.61 of the Commission's Rules
("Rules").2 The alleged violations involved failure
by Morongo to ensure that Emergency Alert System
(``EAS'') monitoring and transmitting functions were
available during the time the station was in
operation. Based on our review of Morongo's response
to the NAL, including its extensive efforts to
implement a comprehensive EAS compliance plan prior to
the FCC inspection, its overall compliance record with
the Commission's Rules, along with its exemplary
efforts to ensure that KCDZ(FM) was able to receive
local primary stations in two counties, while situated
in an area that the relevant County EAS Plan describes
as having ``difficult coverage,'' we conclude that no
forfeiture should be imposed.
2. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Communications Act of 1934 as amended,
and Section 1.80(f)(4) of the Rules,3 the instant
Notice of Apparent Liability for Forfeiture, NAL/Acct.
No. 200432900010, IS CANCELLED.
3. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by First Class Mail and Certified Mail Return
Receipt Requested to Morongo Basin Broadcasting
Corporation, 6448 Hallee Road #5, Joshua Tree,
California 92252.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
_________________________
1Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432900010 (Enf. Bur., Western Region, Los Angeles Office,
released September 29, 2004).
247 C.F.R. §§ 11.35(a), 11.61.
347 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).