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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                       )                                
     Farmworkers Educational Radio          )                                
     Network, Inc.                                File Number: EB-05-SD-072  
     Licensee of Station KCEC-FM                NAL/Acct. No.: 200532940003  
     Wellton, Arizona                                       FRN: 0010057685  
     Facility ID #21207                                                      

                          MEMORANDUM OPINION AND ORDER

   Adopted:  February 28, 2007 Released:  March 2, 2007

   By the Assistant Chief, Enforcement Bureau:


    1. In this Memorandum Opinion and Order, issued pursuant to Section 405
       of the Communications Act of 1934, as amended ("Act"), and Section
       1.106 of the Commission's Rules ("Rules"), we deny a Petition for
       Reconsideration ("Petition") filed on July 31, 2006, by Farmworkers
       Educational Radio Network, Inc. ("Farmworkers"), licensee of KCEC-FM,
       of a Forfeiture Order imposing an eight thousand dollar ($8,000)
       monetary forfeiture penalty against Farmworkers for repeated violation
       of Section 11.35 of the Rules. The noted violation involves
       Farmworkers' failure to ensure the operational readiness of KCEC-FM's
       emergency alert system ("EAS") equipment. For the reasons discussed
       below, we affirm the Forfeiture Order.


    2. On April 8, 2005, an agent from the Commission's San Diego Office
       conducted an inspection at the main studio of KCEC-FM located at 670
       E. 32^nd Street, Suite 12A, Yuma, Arizona. Although EAS equipment was
       installed, the agent found that it was not operational at the time of
       inspection. It was subsequently determined, and conceded by
       Farmworkers, that the EAS receiver was not plugged in. Initially,
       during the inspection, the agent determined that no audio from the EAS
       receiver for the designated first and second local primary stations
       ("LP-1" and "LP-2") could be heard. At the request of the agent, the
       designated LP-1 and LP-2 stations ran a required weekly test ("RWT")
       during this inspection and the station's EAS equipment did not detect
       the activation. A review of the EAS log and printouts generated by the
       EAS encoder/decoder indicated that from January 2004 through April
       2005, only four monthly tests ("RMT") were received from the local
       primary stations and none of these tests were retransmitted. EAS logs
       also indicated that numerous RWTs were not transmitted by KCEC-FM and
       numerous RWTs were not received from either designated LP-1 or LP-2
       stations during this same period. No entries were made by KCEC-FM
       staff in the EAS log to identify the causes of these failures or what
       steps were taken to remedy any failures.

    3. On April 22, 2005, the San Diego agent spoke with KCEC-FM's Chief
       Engineer. The Chief Engineer acknowledged that problems were found
       with the EAS equipment during the engineer's inspection of the
       station's EAS equipment on April 9, 2005. Specifically, he indicated
       that the EAS equipment was originally set for the automatic mode to
       receive and to forward the information received for the tests from the
       local primary stations. However, the EAS equipment was switched to the
       manual mode, requiring a staff person to manually resend the RMT.
       Also, the Chief Engineer indicated that the EAS receiver was not
       connected properly to a power source which explained why the tests
       sent by the LP-1 and LP-2 had not been received by KCEC-FM.

    4. On July 20, 2005, the Enforcement Bureau's San Diego Office issued a
       Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
       $8,000 to Farmworkers, finding that Farmworkers apparently repeatedly
       failed to ensure the operational readiness of the KCEC-FM EAS
       equipment. Farmworkers filed a response to the NAL on August 22, 2005
       ("Response"). In its Response, Farmworkers argued that the San Diego
       agent found overall compliance with the Commission's Rules, and that
       the only violations discovered concerned the EAS equipment and
       logging. While Farmworkers acknowledged lapses in the station's EAS
       monitoring and logging, it contended that KCEC-FM made a conscientious
       effort to comply with the EAS Rules; that the EAS transmission
       equipment was at all times fully operational; that the station had
       most of the required logging slips; and that if someone had not
       "jostled loose" the plug on the EAS receiver, the station would have
       been in full compliance. Farmworkers also argued that the violation
       was minor, that KCEC-FM had an overall history of compliance with the
       Rules, and that it was entitled to a reduction based on its good faith
       and its voluntary disclosure of the facts and circumstances in this

    5. On June 29, 2006, after reviewing Farmworkers' Response, the Western
       Region, Enforcement Bureau, released the Forfeiture Order, and imposed
       a $8,000 forfeiture on Farmworkers for its repeated violation of
       Section 11.35 of the Rules. In the Forfeiture Order, the Western
       Region found that KCEC-FM EAS equipment was not fully operational at
       all times and that no-one at the station had noticed the equipment
       failure caused by the "jostled loose" equipment plug until the San
       Diego agent's discovery of the failure during the inspection. The
       Western Region also found that KCEC-FM did not have most of its
       required logging slips, and that the violation was not minor because
       the failure of the receiver resulted in a failure of the KCEC-FM EAS
       system. In addition, the Western Region determined that Farmworkers
       was not entitled to a reduction in the forfeiture amount because
       Farmworkers did not have an overall history of compliance with the
       Commission's Rules, that Farmworkers did not meet the requirements for
       a good faith reduction, and that Farmworkers staff did not make
       voluntary disclosures to the Commission prior to the inspection by the
       San Diego Office.


    6. Reconsideration is appropriate only where the petitioner either
       demonstrates a material error or omission in the underlying order or
       raises additional facts not known or not existing until after the
       petitioner's last opportunity to present such matters. A petition for
       reconsideration that reiterates arguments that were previously
       considered and rejected will be denied. Farmworkers raises four
       arguments in its Petition, which we address in turn.

    7. In its first argument, Farmworkers alleges that the Western Region
       erred in assessing the "maximum forfeiture" of $8,000 for what was
       "clearly a mistake." Farmworkers argues that the Forfeiture Order
       cites to its logging violations and states that Section 1.80 of the
       Rules requires only a $1,000 forfeiture amount for logging violations.
       We disagree. Section 1.80 of the Rules lists $8,000 as the base, and
       not the maximum, forfeiture for "EAS equipment not installed or
       operational." As the Western Region determined in the Forfeiture
       Order, Farmworkers failed to produce "evidence to refute the San Diego
       Office's finding that no audio from the RWTs transmitted by the LP-1
       and LP-2, at the request of the San Diego agent, could be heard from
       the station's EAS receiver. Farmworkers, and the Chief Engineer,
       acknowledge that the EAS receiver was not plugged in, and the Chief
       Engineer acknowledges that only after he restored power to the EAS
       receiver did the lights indicating audio on the receiver's front panel
       as well as on the encoder/decoder light up." We agree with the Western
       Region that in this scenario, Farmworkers failed to ensure the
       operational readiness of the KCEC-FM EAS equipment and that the
       appropriate base forfeiture amount is $8,000. We also find that the
       Western Region's reliance on the review of EAS equipment logs and
       printouts is appropriate as an element of its consideration of a
       violation of Section 11.35.

    8. Farmworkers also argues that the assessment of $8,000 for this
       violation is inapposite to an Enforcement Bureau order, Palmetto
       Broadcasting Company, Inc.("Palmetto"),  in which "the licensee [had]
       no records or tests or activations of the station's EAS system [and]
       no reasons for the failure to receive and conduct such tests nor
       entries showing EAS equipment had been removed from service for
       repair. Further the station's general manger stated he could not
       remember when the station had last conducted a test. The Chief of the
       Enforcement Bureau, however, cancelled a portion of the amount of the
       proposed forfeiture with no adverse action whatsoever." We have
       reviewed the Palmetto case, in which the Enforcement Bureau cancelled
       a forfeiture assessed to Palmetto for violating Section 11.61 of the
       Rules, concerning the requirement that broadcast stations conduct
       monthly EAS tests. Contrary to the description of the Palmetto case by
       Farmworkers in its Petition, the Section 11.61 forfeiture was
       cancelled because Palmetto produced a sworn statement from the
       station's general manager stating that it did monitor and conduct
       weekly and monthly tests as of the date of the inspection and for at
       least three months immediately prior. Thus the original finding of a
       willful and repeated violation of the Commission's logging requirement
       was no longer supported by the available evidence. In the present
       case, Farmworkers produced no such evidence to refute the findings of
       the San Diego Office, relative to Farmworkers' failure to receive and
       transmit RWTs and RMTs and its failure to have the EAS equipment
       plugged in, as stated in the Forfeiture Order.

    9. In its second argument, Farmworkers alleges that the Western Region
       rejected its request for a downward reduction of the forfeiture amount
       because KCEC-FM has an overall history of compliance with the
       Commission's Rules. When considering an overall history of compliance
       claim, the Commission considers all the past violations of the
       licensee, not just those concerning one station, and will also impute
       findings of violations against parent, sister or commonly controlled
       companies, to the licensee. In this case, we find that the Western
       Region correctly considered a recent forfeiture order issued against
       Farmworkers' station KRIT, while considering Farmworkers' request for
       a reduction based on an overall history of compliance.  We therefore
       find no merit to this argument.

   10. In its third argument, Farmworkers argues that the Western Region
       erred in determining that the downward adjustment for a minor
       violation did not apply because, according to Farmworkers, the
       national EAS has never been activated and that a major violation would
       be not having EAS equipment. Farmworkers then argues that under the
       Western Region's interpretation, any violation of the Rules would
       always be a major violation. While the Commission will reduce a
       forfeiture amount if a violation is relatively minor, within the
       particular category of violation, we find that the Western Region
       correctly determined that Farmworkers' violation of Section 11.35 was
       not minor. Contrary to Farmworkers' assertions, Section 11.35 does not
       merely require that licensees obtain EAS equipment, nor does Section
       11.35 require that licensees only obtain and install EAS equipment.
       Section 11.35(a) specifically requires licensees to "ensure[] that EAS
       encoders and Attention Signal generating and receiving equipment used
       as part of the EAS are installed so that the monitoring and
       transmitting functions are available during the times the stations and
       systems are in operation." As the Western Region correctly determined,
       those functions were not available at the time of the San Diego
       agent's inspection of the KCEC-FM EAS equipment because it was
       unplugged, and, according to the KCEC-FM EAS printouts and logs, those
       functions were consistently unavailable for several months prior to
       the inspection.

   11. In its final argument, Farmworkers argues that the Western Region
       erred in not taking into account Farmworkers' good faith efforts to
       comply with the Rules and the San Diego agent, by concentrating solely
       on the fact that Farmworkers did not voluntarily disclose its EAS
       violation to the San Diego agent. We disagree. We find that the
       Western Region considered Farmworkers' good faith and voluntary
       disclosure arguments and rejected each one, individually. The Western
       Region specifically considered Farmworkers' argument concerning its
       good faith efforts and stated that "[a] good faith reduction is
       permissible when a licensee notices a violation and attempts to remedy
       it before the Commission conducts its inspection, or, it provides
       evidence of an established compliance program in place, prior to the
       Commission's involvement. Farmworkers meets neither standard." We
       therefore find no merit to this argument.

   12. We have considered the arguments raised by Farmworkers in its Petition
       and find that none of them persuades us to reduce or cancel the
       forfeiture. We, therefore, deny the Petition.


   13. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, Farmworkers Educational Radio Network, Inc.'s
       Petition for Reconsideration, filed July 31, 2006, IS DENIED.

   14. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Farmworkers
       Educational Radio Network, Inc. IS LIABLE FOR A MONETARY FORFEITURE in
       the amount of eight thousand dollars ($8,000) for violation of Section
       11.35 of the Rules.

   15. 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,
       445 12^th Street, SW, Room 1-A625, Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
       sent by regular mail and by certified mail, return receipt requested,
       to Farmworkers Educational Radio Network, Inc., at its address of
       record, and Anne Thomas Paxson, Esquire, Borsari and Paxson, its
       counsel of record.


   George R. Dillon

   Assistant Chief, Enforcement Bureau

   47 U.S.C. S 405.

   47 C.F.R. S 1.106.

   We note that the FCC authorization for KCEC-FM lists the licensee as
   Farmworkers Educational Radio Network, Inc., as opposed to Farmworker
   Educational Radio Network, Inc. We therefore use the name of the licensee
   as stated on the authorization in the caption and throughout this
   Memorandum Opinion and Order.

   Farmworkers Educational Radio Network, Inc., 21 FCC Rcd 6959 (EB 2006)
   ("Forfeiture Order").

   47 C.F.R. S 11.35.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940003
   (Enf. Bur., Western Region, San Diego Office, released July 20, 2005).

   See 47 C.F.R. S 1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257, (EB
   2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom. Lorain
   Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S.
   967 (1966).

   EZ Sacramento, Inc.,  15 FCC Rcd at 18257.

   47 C.F.R. S 1.80(b)(4), Note to Paragraph (b)(4).

   Forfeiture Order at para. 9.

   Palmetto Broadcasting Company, Inc., 19 FCC Rcd 17718 (EB 2004).

   Petition at 3.

   47 C.F.R. S 11.61.

   See, e.g., Petracom of Texarkana, L.L.C., 19 FCC Rcd 8096 (EB 2004).

   See Farmworker Educational Radio Network - Licensee of FM Station KRIT, 20
   FCC Rcd 14294 (EB 2005). We note that Farmworkers has paid this

   Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994).

   47 C.F.R. S 11.35(a). See also, Twenty-One Sound Communications, Inc., 20
   FCC Rcd 12497 (EB 2005), Application for Review pending.

   Forfeiture Order at para. 13. See Aquila, Inc., 19 FCC Rcd 22507 (EB

   47 U.S.C. S 405.

   47 C.F.R. S 1.106.

   47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   47 C.F.R. S 11.35.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-934



   Federal Communications Commission DA 07-934