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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

     In the Matter of                                            
     Omni Communications, Inc.       EB-07-DL-075                
     Licensee of Station KWOX        NAL/Acct. No. 200732500006  
     Woodward, Oklahoma              FRN: 0003752904             
     Facility ID # 50332                                         

                                FORFEITURE ORDER

   Adopted: June 11, 2008 Released: June 13, 2008

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Omni Communications,
       Inc. ("Omni"), licensee of station KWOX, in Woodward, Oklahoma, for
       willful and repeated violation of Section 11.35(a) of the Commission's
       Rules ("Rules").  The noted violation involves Omni's failure to
       ensure that Emergency Alert System ("EAS") equipment was installed so
       that the monitoring and transmitting functions were available during
       the times the station was in operation.


    2. On May 2, 2007, an agent from the Commission's Dallas Office of the
       Enforcement Bureau ("Dallas Office") inspected the main studio for
       station KWOX in Woodward, Oklahoma. The EAS unit had no audio signal
       on two of the three connected inputs. The unit's date was set to
       1/10/1995 and would not accept a date or time correction. The unit was
       set to automatically retransmit monthly tests. A review of the EAS
       logs for the previous five months found no entries for received weekly
       or monthly tests or sent monthly tests. The station attached eight
       printouts dated in January and February 1995 showing weekly tests sent
       to log entries for eight days in February, March, April, and May 2007.
       There were no log entries indicating why the missing weekly and
       monthly tests were not received or sent.

    3. On October 23, 2007, the Dallas Office issued a Notice of Apparent
       Liability for Forfeiture to Omni in the amount of eight thousand
       dollars ($8,000), for the apparent willful and repeated violation of
       Section 11.35(a). Omni submitted a response to the NAL requesting
       cancellation of the proposed forfeiture.


    4. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("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, 12 FCC Rcd 17087 (1997), recon.
       denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement"). In
       examining Omni'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 require.

    5. Section 11.35(a) 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. The EAS protocol includes the day in Julian calendar days,
       the time the message was released and a valid time period for the

    6. During the inspection on May 2, 2007, station KWOX's EAS
       encoder/decoder was not operational, because it was missing audio
       inputs and the unit would not accept a correction to the date or time.
       Without the correct date and time, the unit could not properly
       validate any received or transmitted messages, and, therefore, would
       discard received messages and not automatically retransmit received
       messages. Station KWOX's EAS unit was set to automatically retransmit
       monthly tests. The logs showed no weekly or monthly tests received or
       monthly tests sent for at least five months prior to the inspection
       and contained no explanation for the missing weekly and monthly
       received and sent tests. There was no other evidence that the
       equipment was fully operational during this five-month period.

    7. In response to the NAL, Omni states that despite the fact that the
       station's EAS encoder/decoder was missing audio inputs and had a
       date/time malfunction, the station sent and received all required EAS
       tests. To support its assertion, Omni submitted copies of its program
       logs from January through June 2007. Therefore, it claims its EAS unit
       was functional and able to transmit and receive EAS tests.

    8. Assuming that Omni's program logs are accurate, we nevertheless find
       that Omni's EAS encoder/decoder was not fully operational. Although
       Omni was able to transmit many weekly tests, its program logs show
       that it failed to transmit any monthly EAS tests. Station KWOX could
       not re-transmit any monthly EAS tests, because the equipment was
       incapable of receiving any EAS tests, due to the date time problem.
       Moreover, even if the station had received a monthly test, Station
       KWOX could not automatically transmit a monthly test, because the EAS
       encoder/decoder, which was set to operate in automatic mode, was
       incapable of operating in automatic mode, due to the date time
       problem. In order for the station to transmit monthly tests or actual
       emergency alerts, someone would have to be sitting near the EAS
       encoder/decoder when the test or message was received and then
       manually transmit the test or message. Although the rules allow for
       the manual interrupt of programming and transmission of EAS messages,
       monthly EAS tests messages must be sent within 60 minutes of receipt
       and Emergency Action Notification ("EAN") event codes must be
       transmitted immediately. Between January and June 2007, Omni failed to
       transmit any monthly EAS tests, despite its assertions that it was
       monitoring several news and weather sources. Because Omni's staff was
       not ready to transmit monthly EAS tests within 60 minutes or EAN event
       codes immediately, the transmitting function for monthly EAS tests and
       EAN messages was effectively unavailable. Therefore, based on the
       evidence before us, we find that Omni willfully and repeatedly
       violated Section 11.35(a) of the Rules by failing to ensure its EAS
       equipment was fully operational.

    9. We have examined Omni's response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Omni willfully
       and repeatedly violated Section 11.35(a) of the Rules. We find no
       basis for cancellation or reduction of the $8,000 forfeiture proposed
       for this violation.


   10. 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(f)(4) of the Commission's Rules, Omni Communications, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of eight thousand
       dollars ($8,000) for violation of Section 11.35(a) of the Rules.

   11. 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/Account
       Number and FRN Number referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
       sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
       Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank TREAS/NYC, and account
       number 27000001. For payment by credit card, an FCC Form 159
       (Remittance Advice) must be submitted.  When completing the FCC Form
       159, enter the NAL/Account number in block number 23A (call sign/other
       ID), and enter the letters "FORF" in block number 24A (payment type
       code). Requests for full payment under an installment plan should be
       sent to:  Chief Financial Officer -- Financial Operations, 445 12th
       Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
       the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures.
       Omni will also send electronic notification on the date said payment
       is made to

   12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Omni
       Communications, Inc. at its address of record.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

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

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732500006
   (Enf. Bur., Dallas Office, October 23, 2007) ("NAL").

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

   47 C.F.R. S: 1.80.

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

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

   47 C.F.R. S:S: 11.35(a), (b).

   47 C.F.R. S: 11.31.

   Some EAS units can be programmed to print an out-of-date message for
   received tests prior to discarding them. However, there were no such
   messages in station KMZE's files.

   According to Omni's program logs, no weekly tests were transmitted between
   January 28 and February 17, 2008.

   Licensees are not informed of the exact time at which monthly EAS tests
   are sent. Similarly, licensees cannot predict when actual emergencies will

   See 47 C.F.R. S: 11.51(k)(2).

   Although Omni asserts that its station was staffed by personnel during the
   times the station was in operation, its staff was not closely monitoring
   for EAS monthly tests, as the station failed to transmit any monthly EAS
   tests between January and June 2007.

   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,' ... 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).

   As provided by 47 U.S.C. S: 312(f)(2), a continuous violation is
   "repeated" if it continues for more than one day. The Conference Report
   for Section 312(f)(2) indicates that Congress intended to apply this
   definition to Section 503 of the Act as well as Section 312. See H.R. Rep.
   97th Cong. 2d Sess. 51 (1982). See Southern California Broadcasting
   Company, 6 FCC Rcd 4387, 4388 (1991) and Western Wireless Corporation, 18
   FCC Rcd 10319 at fn. 56 (2003).

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

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

   Federal Communications Commission DA 08-1394


   Federal Communications Commission DA 08-1394