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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of            )                                
     Gla-Mar Broadcasting, LLC   )     File Number: EB-06-SF-048  
     Licensee of KBZB-FM         )   NAL/Acct. No.: 200632960001  
     Pioche, NV                  )               FRN: 0009062464  
     Facility ID # 78999         )                                

                                FORFEITURE ORDER

   Adopted: May  22, 2007 Released:  May 24, 2007

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of two hundred and fifty dollars ($250) to Gla-Mar
       Broadcasting, LLC, ("Gla-Mar"), licensee of station KBZB-FM, in
       Pioche, Nevada, for willfully and repeatedly violating Section
       11.35(a) of the Commission's Rules ("Rules"). On September 29, 2006,
       the Enforcement Bureau's San Francisco Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $8,000 to
       Gla-Mar for failing to ensure the operational readiness of the KBZB-FM
       Emergency Alert System ("EAS") equipment. In this Order, we consider
       Gla-Mar's arguments that it was in the process of ordering new EAS
       equipment prior to the inspection by the San Francisco Office, and
       that the forfeiture should be cancelled based on Gla-Mar's inability
       to pay.


    2. On June 13, 2006, agents from the Enforcement Bureau's San Francisco
       Office inspected the KBZB-FM transmitter atop Highland Peak and the
       main studio of KBZB-FM located at 100 Main Street, Pioche, Nevada. At
       the time of the inspection, the San Francisco agents observed that the
       KBZB-FM EAS equipment was unable to transmit a test. Specifically, the
       agents asked the staff to transmit a required weekly test ("RWT"). The
       RWT was attempted and the EAS unit indicated the test was running. The
       station's monitor speakers, however, did not carry the EAS audio,
       indicating that the test was not transmitted. Normal programming
       continued over-the-air when the EAS weekly test was purportedly in
       progress. The KBZB-FM staff indicated that they were aware that the
       EAS equipment was not fully functional. KBZB-FM staff members also
       indicated to the San Francisco agents that they reported this failure
       to the owner of the station, but no repairs were attempted.

    3. The San Francisco agents asked to inspect KBZB-FM's EAS log. The
       agents found no written log, consequently, there were no log entries
       giving a date of the failure of the EAS equipment or describing
       efforts to determine the cause of failure to receive required tests or
       to repair or replace the defective equipment. Additionally, the agents
       found no logs of RWT's, required monthly tests ("RMT's") or alerts.
       The agents were given seven printed EAS tapes. The tapes indicated
       KBZB-FM received RWT's on September 8, 2005, January 26, 2006, and
       April 20, 2006. The tapes also indicated KBZB-FM transmitted RWT's on
       May 17, 2005, September 11, 2005 and January 19, 2006. There were no
       tapes indicating the receipt or transmission of any RMT's.

    4. On June 23, 2006, the KBZB-FM's engineer emailed the San Francisco
       Office and indicated that new EAS equipment had been installed, and
       that the staff had been trained on how to use it.

    5. On September 29, 2006, the San Francisco Office issued a NAL in the
       amount of $8,000 to Gla-Mar, finding that Gla-Mar apparently willfully
       and repeatedly failed to ensure the operational readiness of the
       KBZB-FM EAS equipment. Gla-Mar filed a response ("Response") on
       November 27, 2006, arguing that it was in the process of ordering new
       EAS equipment prior to the inspection by the San Francisco Office, and
       that the forfeiture should be cancelled based on Gla-Mar's inability
       to pay.


    6. 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  ("Forfeiture
       Policy Statement"). In examining Gla-Mar's 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

    7. 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.

    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. Gla-Mar does not dispute the facts as described in the NAL, but does
       argue that it was in the process of ordering EAS equipment for KBZB-FM
       prior to the San Francisco agent's inspection on June 13, 2006.
       Gla-Mar did not order the EAS equipment, however, until June 15, 2006.
       Reductions based on good faith efforts to comply generally involve
       situations where violators demonstrate that they initiated measures to
       correct or remedy violations prior to a Commission inspection or
       investigation. Gla-Mar has produced no evidence to substantiate its
       claim that it was in the process of ordering EAS equipment prior to
       the inspection by the San Francisco agent, therefore, we are unable to
       reduce the proposed forfeiture amount based on Gla-Mar's good faith
       efforts to comply with the Rules.

   10. Gla-Mar also requests that the forfeiture amount be cancelled based on
       its inability to pay. To support its request, Gla-Mar supplies three
       years of income tax data. In analyzing a financial hardship claim, the
       Commission generally has looked to gross revenues as a reasonable and
       appropriate yardstick in determining whether a licensee is able to pay
       the assessed forfeiture.  The data produced by Gla-Mar does not
       support cancellation of the forfeiture, however, it does support a
       significant reduction of the forfeiture amount. Therefore, while we
       find that Gla-Mar willfully and repeatedly violated Section 11.35(a)
       of the Rules, based upon its inability to pay, we conclude that
       pursuant to Section 503(b) of the Act and the Forfeiture Policy
       Statement, reduction of the $8,000 forfeiture to $250 is warranted.


   11.  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, Gla-Mar Broadcasting,
       LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $250 for
       willfully and repeatedly violating Section 11.35(a) of the Rules.

   12. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within 30 days of the release of this Order.
       If the forfeiture is not paid within the period specified, the case
       may be referred to the Department of Justice for collection pursuant
       to Section 504(a) of the Act. 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. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Gla-Mar
       Broadcasting, LLC, at its address of record, and Aaron Shainis,
       Esquire, its counsel of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 11.35(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632960001
   (Enf. Bur., Western Region, San Francisco Office, released September 29,

   Additionally, KBZB-FM did not submit an informal request to the FCC San
   Francisco District Director, as required by Section 11.35(c) of the Rules,
   concerning the defective EAS equipment and when it would be repaired or

   One staff member stated that EAS tests were done orally, but the agents
   found no oral tests entered into the station log.

   Gla-Mar requested and received a 30 day extension to respond to the NAL.

   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. 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

   47 C.F.R. S 11.35(a) and (b).

   See Radio One Licenses, Inc., 17 FCC Rcd 20408 (EB 2002), recon. denied,
   18 FCC Rcd 15964 (2003).

   See PLB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 11.35(a).

   47 U.S.C. S 504(a).

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2136



   Federal Communications Commission DA 07-2136