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   Before the

   Federal Communications Commission

   Washington, D.C. 20554




                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )                               
                                             File No. EB-04-TC-067       
     Channel 51 of San Diego, Inc.       )                               
                                             Facility ID No. 10238       
     Licensee of KUSI-TV                 )                               
                                             NAL/Acct. No. 200532170007  
     San Diego, CA                       )                               
                                             FRN: 0002965655             
     Apparent Liability for Forfeiture   )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


   FORFEITURE ORDER

   Adopted: September 17, 2008 Released: September 17, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of twenty-five thousand dollars ($25,000) against Channel
       51 of San Diego, Inc. ("Channel 51" or "KUSI" or the "Station") for
       willfully or repeatedly violating section 713 of the Communications
       Act of 1934, as amended (the "Act"), and section 79.2(b)(1)(i) of the
       Commission's rules. Channel 51 violated the Act and the Commission's
       rules by failing in a timely manner to make accessible to persons with
       hearing disabilities emergency information that it provided aurally in
       its programming for KUSI during a wildfire emergency in the San Diego,
       California area on October 26 and October 27, 2003.

   II. BACKGROUND

    2. The facts and circumstances surrounding this case are set forth in the
       Notice of Apparent Liability previously issued by the Enforcement
       Bureau ("Bureau") and need not be reiterated at length. After
       receiving a complaint, the Bureau sent an inquiry to Channel 51
       concerning allegations that KUSI may have failed to make information
       on wildfires in the San Diego area on October 26 and October 27, 2003,
       accessible to persons with hearing disabilities.  To assist its
       evaluation of these allegations, the Bureau directed Channel 51 to
       provide, among other things, videotapes of its coverage of the
       wildfires on KUSI. Channel 51 filed a response to the LOI on July 9,
       2004, and subsequently provided the videotapes. Upon review of the
       videotapes, the Bureau found that Channel 51 failed to provide visual
       presentation of emergency information about the wildfires on numerous
       occasions where the information had been aurally presented. The Bureau
       elected, however, to propose a forfeiture for only those apparent
       violations where Channel 51 provided visual presentation of emergency
       information, if at all, after a delay of greater than 30 minutes after
       the same information was provided aurally. Under this approach, the
       Bureau identified 22 examples where Channel 51 left persons with
       hearing disabilities without the same critical information the station
       gave to its listening audience. The Bureau further determined that a
       strict application of the $8,000 base forfeiture amount for the 22
       apparent violations of section 79.2(b)(1)(i) would result in a total
       proposed forfeiture "that is excessive in light of the circumstances
       presented." Accordingly, on February 23, 2005, the Bureau issued a
       Notice of Apparent Liability for Forfeiture proposing that Channel 51
       pay a forfeiture of twenty-five thousand dollars ($25,000) for
       apparently failing in a timely manner to make accessible to persons
       with hearing disabilities emergency information that it provided
       aurally. Channel 51 filed a complete response to the NAL on May 10,
       2005.

   III. DISCUSSION

    3. Section 713 of the Act requires the Commission to prescribe rules on
       Video Programming Accessibility. Pursuant to section 713, the
       Commission adopted section 79.2 which requires that video programming
       distributors providing emergency information in the audio portion of
       programming must provide persons with hearing disabilities with the
       same access to such information that distributors provide to other
       viewers, either through a method of closed captioning or by using
       another method of visual presentation. The Commission defined
       emergency information as "information, about a current emergency, that
       is intended to further the protection of life, health, safety, and
       property, i.e., critical details regarding the emergency and how to
       respond to the emergency." As examples of critical details, the
       Commission cited "evacuation orders, detailed descriptions of the
       areas to be evacuated, ...approved shelters or the way to take shelter
       in one's home,...road closures." As discussed in the NAL, the
       Commission mandated equal accessibility because emergency information
       is of "equal or greater importance to persons with hearing disability
       and television plays a critical role in its dissemination."

    4. In its NAL Response, Channel 51 makes several general arguments
       challenging the Commission's proposed finding that the 22 cited
       examples found in the NAL were violations of the Commission's rules.
       In addition, Channel 51 specifically addresses each of the 22 cited
       examples with either a reiteration of the station's general arguments
       and/or contentions of the facts surrounding the apparent violations
       described. For the reasons discussed below, we generally disagree with
       the arguments put forth by the Station.

   A. General Arguments

    5. Before addressing each of the specific alleged rule violations cited
       in the NAL, Channel 51 contends that professional journalists must act
       as "filters" in deciding what information constitutes the "critical
       details" of an emergency within the meaning of section 79.2. According
       to the Station, the Commission should therefore accord substantial
       deference to the "filtering" of news by these professionals in order
       to effectively implement the Commission's rules. The Station argues
       that this "filtering" role allows it to determine which information is
       sufficiently important and sufficiently confirmed to justify providing
       that information to persons with hearing disabilities. Specifically,
       the Station maintains that if information regarding an emergency is
       not provided as a part of an official order or from an official
       requesting help in disseminating the information to the public, then
       the information need not be visually presented even if it has been
       provided aurally. As a basis for this position, the Station contends
       that it would be dangerous to provide this information to persons with
       hearing disabilities unless a responsible authority was employing the
       media to communicate a specific order to evacuate a specific location.
       The Station, however, makes much of its role disseminating this
       information to the hearing public and obviously did so with the intent
       of aiding in the protection of the life, health, and property of
       viewers during the emergency created by the wildfires. In fact,
       without receiving police orders, Channel 51 did broadcast aural advice
       that persons should evacuate when they saw flames near their houses.
       The Station does not explain why it believes it was not "dangerous"
       and "irresponsible" to provide unfiltered information about the
       wildfires to the public at large, but it would have been "dangerous"
       and "irresponsible" to have provided this same information visually to
       persons with hearing disabilities.

    6. Although we generally agree that deference should be given to Channel
       51 in how to meet the requirements of section 79.2 of our rules, we
       cannot defer to a decision not to provide the very critical details
       noted in our rules. The Commission's rules define emergency
       information as the critical details regarding the emergency and how to
       respond to the emergency. The rules offer as examples of those
       critical details evacuations orders and areas being evacuated.
       Contrary to Channel 51's representations, the rule does not limit
       emergency information to only those evacuation orders that a public
       official has asked the station to disseminate. Rather, the
       Commission's rules emphasize the potentially broad spectrum of
       critical details that may represent emergency information. The
       apparent violations cited in the NAL reflect the type of critical
       details the Commission intended to be aurally and visually presented
       to viewers, e.g., road closures, areas being evacuated, evacuation
       sites, etc. The Station's rationale that it would be "dangerous" and
       "irresponsible" not to filter these details for persons with hearing
       disabilities while providing them to the public at large is untenable.
       If the aural reports of evacuations were safe enough to provide to the
       hearing members of the public, these same reports should have been
       furnished to persons with hearing disabilities so those individuals
       could protect themselves. The Commission simply cannot support a
       decision to withhold from persons with hearing disabilities those very
       critical details concerning the emergency that Channel 51 provided to
       hearing persons.

    7. Channel 51 further contends that the Station was required to confirm
       emergency information presented aurally before presenting it visually
       because the journalistic core obligation of providing accurate
       information was heightened by the "special obligation" to hearing
       impaired viewers imposed by section 79.2. The Station also asserts
       that there is a fundamental journalistic difference between presenting
       information aurally and visually. The station claims that viewers give
       more weight to visual presentations, treating them as though they have
       the force of written text. The Station, however, offers no support for
       this proposition. Section 79.2 imposes an obligation to provide
       hearing impaired viewers access to emergency information at the same
       time it is made available to other viewers. Thus, the rule in no way
       allows or encourages programmers to hold back emergency information
       from hearing impaired viewers. In the Second Report and Order, the
       Commission reiterated the importance of providing all viewers with
       accurate information regarding an emergency. Therefore, if the Station
       had any concerns about the accuracy of the emergency information being
       presented, Channel 51 had an option, and in fact a duty under its
       journalistic obligation, to hold back the visual and aural
       presentations until the emergency information had been confirmed.
       Channel 51, however, clearly believed the emergency information was
       accurate and important enough to provide to hearing members of the
       public. Since this information is of equal or greater importance to
       hearing impaired viewers, they should have been furnished and
       entrusted with the same emergency information. As a result of its
       decision to not visually present emergency information that had been
       aurally presented, the Station failed to meet its obligation to
       hearing impaired viewers.

    8. While we appreciate that programmers make good-faith judgments in
       times of emergency, the resulting decisions should conform to the
       Commission's rules. The importance of providing critical details to
       hearing and hearing impaired persons is too important for programmers
       to assume that such decisions will never be challenged by the
       Commission. As previously discussed in the NAL, it is not reasonable
       to assume that the Commission's statement in the Second Report and
       Order indicates the Commission will completely defer to the judgment
       of programmers in terms of whether particular details of an emergency
       need to be made accessible to hearing impaired viewers. Such an
       expansive interpretation would swallow the rule, render it
       ineffective, and could potentially leave hearing impaired viewers at
       risk during future emergencies since programmers would have no
       incentive to establish measures that would ensure their ability to
       provide emergency information to hearing and hearing impaired viewers
       at nearly the same time.  For these reasons, we disagree with the
       Station's argument that the Commission should not subsequently
       challenge decisions made by programmers during emergency broadcasts.

    9. Finally, the Station contends that it did in fact provide extensive
       visual presentations of emergency information during its coverage on
       October 26 and 27. For example, Channel 51 outlines that it made
       extensive use of full screen maps, visual displays of road closings
       and live shots. As explained in the NAL, however, in order for a video
       programming distributor to meet its obligation to provide persons with
       hearing disabilities with the same access to emergency information as
       provided to listeners, that visual presentation of that emergency
       information must be "simultaneous or nearly simultaneous" to the aural
       presentation of that information. To accommodate for the circumstances
       facing KUSI in providing emergency coverage during the wildfires, we
       stated that we would not find violations if visual information was
       provided within 30 minutes either before or after the same information
       was provided aurally. Although we note the Station's attempts to
       provide some visual presentation of emergency information, we believe
       that Channel 51 will most improve emergency coverage when it adheres
       to a policy consistent with the Commission's rules-all emergency
       information should be presented in a manner that provides hearing and
       hearing impaired viewers with the same access to the information.

   B. Specific Rule Violations

   10. We now turn to the arguments Channel 51 makes in response to the rule
       violations cited in the NAL. Eleven of the apparent rule violations
       cited in the NAL concern evacuation orders, five concern road
       closures, four concern shelter information, and four concern air
       quality advisories. Of these violations, the Station believes that
       only one is a violation of section 79.2. To avoid repetition, we
       address several examples from the general groups below.

   11. Apparent Violations 1, 3, 5, 6, 8, 9, 11, 12, 18, 19, 21 listed in the
       Appendix of the NAL all involve evacuation orders. By way of example,
       we will address Apparent Violations 8 and 9 from this subset.
       Violation 8 addressed Channel 51's apparent failure to provide a
       visual  presentation of evacuations of Hidden Trails Road, Rancho San
       Pasqual and Cloverdale in Escondido. The station aurally provided this
       emergency information at 3:41 p.m. on October 26, 2003, but did not
       provide the information visually until 10:21 p.m. that evening. The
       Station contends that its actions did not violate section 79.2 of the
       Commission's rules because the evacuation information was obtained
       from an AP wire and not from law enforcement officials conducting the
       evacuations. Because the information was not confirmed by the news
       department with the responsible authorities and because the
       evacuations reported by the Associated Press appeared to have taken
       already taken place, the Station contends that the information
       amounted to "nothing more than a general news report of the fact that
       there had been some evacuation in the area of Escondido." The station
       argues that these types of "general news reports" do not fall within
       section 79.2 and do not warrant posting on a full screen board or by
       other visual means.

   12. Violation 9 addresses the Station's apparent failure to provide a
       visual presentation of evacuations on Mission Gorge Road. According to
       the Station, this failure is not a violation of section 79.2 because
       the evacuation information was obtained by one of its reporters who
       happened to be on the scene when the police announced a mandatory
       evacuation. The Station reasons that this information was known to
       KUSI only because it had a reporter in the area when the police came
       through to inform residents of the need to evacuate. The Station
       states that it did not have any information concerning how extensive
       the evacuation area was, what specific areas within the area were
       being evacuated, what routes residents were to use to evacuate, and
       where they should evacuate to. The Station further contends that more
       importantly it did not receive a specific request from the public
       officials conducting the evacuation to broadcast the evacuation
       information and that the evacuation was carried out by the public
       officials without need for assistance from the media.

   13. As stated above, section 79.2 does not limit emergency information
       only to evacuation orders that a public official has asked the media
       to disseminate. Furthermore, regarding Violation 8, we note that the
       Station's actions did not portray its broadcast of the evacuation
       order as "business as usual" or that that its newscasters were merely
       reporting a general news story. For at least two days the Station
       canceled all of its regular programming and focused exclusively on the
       wildfires. The newscasters presented the information concerning the
       evacuation in an authoritative manner telling viewers that "Escondido
       now has evacuations going on." Regarding Violation 9, there obviously
       was no question of the Station needing to confirm the evacuation
       information with authorities; the Station's newscaster was on the
       scene and literally heard the police announcement that evacuations
       where taking place in the area. The Station does not contend that it
       was merely passing on a general news report, but clearly provided the
       information aurally to give viewers critical details of the emergency
       situation, i.e., a mandatory evacuation order, so they could take
       appropriate action. The information described in Violations 8 and 9
       fall squarely within the scope section 79.2. We therefore conclude
       that Channel 51 violated section 79.2 by denying the Station's hearing
       impaired viewers access to the same critical details  concerning these
       emergency situations that it gave its hearing viewers.

   14. Apparent Violations 2, 4, 7, and 14 all involve road closures. By way
       of an example we will address Violations 2 and 14 from this subset.
       Violation 2 addresses the Station's apparent failure to provide
       individuals with hearing disabilities the same critical information it
       provided to hearing listeners regarding the closure of Scripps Poway
       Parkway. At approximately 8:14 a.m. on October 26, 2003, a newscaster
       on location stated that Scripps Poway Parkway was closed. According to
       the Station, its failure to make a visual presentation of this
       information does not violate section 79.2 because the road closure
       information at issue was not provided to the reporter by the
       authorities, was not personally witnessed by the reporter, and seems
       to be based on information the reporter obtained from members of the
       public. The Station further states that it was reasonable and proper
       not to visually present this information because it was unclear
       exactly what road was closed, Scripps Poway Parkway or 67; the road
       closure information was not "official information," and the
       information was not confirmed by its news department.

   15. Violation 14 addresses the Station's apparent failure to provide
       individuals with hearing disabilities the same critical information it
       provided to hearing listeners regarding the closure of Routes I-8,
       I-15, 52, 163, 94, and 67. The Station aurally provided this
       information at 9:54 p.m. on October 26, 2003; it provided visual
       presentation of some of the emergency information at 10:43 p.m., but
       did not provide visual presentation of the remaining emergency
       information until 12:11 a.m. on October 27, 2003. The Station contends
       that it did not violate section 79.2 by failing to make a visual
       presentation of this information because the road closure information
       had been visually presented approximately fifteen times earlier during
       the day. The Station further reasons that the NAL interprets section
       79.2 to require that "emergency information must be timed so that
       either (1) the visual and auditory information airs at the same time,
       or (2) the visual information airs within a short time after the
       auditory." The Station believes that not only is this finding
       arbitrary, but it is not how a good broadcast news operation rotates
       the scheduling of emergency information for broadcast. The Station
       states that it is desirable, in the majority of instances, to stagger
       the visual and auditory presentation of the same information so that
       the information will appear at a greater number of times during the
       broadcast, thereby reaching a greater number of viewers.

   16. We disagree with the Station's reasoning concerning Violations 2 and
       14. First, in regard to Violation 2, the news reporter on location
       said as follows: "We know that Scripps Poway Parkway is blocked off
       and the CHP is sending people, uh, you can get through Poway Road to
       67 and then it's sort of clear down to 67 or up from North through but
       it is closed at Scripps Poway Parkway." If the Station had concerns
       about the accuracy of the information it should had withheld the aural
       along with the visual presentation until the emergency information
       could be confirmed. Instead it aired the aural information without so
       much of a warning that the information was unconfirmed by public
       officials or its news department. The Station believed that the road
       closure information was accurate and important enough to provide its
       hearing viewers, therefore, under section 79.2 this information should
       have been presented in an accessible format for its hearing impaired
       viewers.

   17. Secondly, section 79.2 requires that all emergency information be
       presented in a manner that provides hearing and hearing impaired
       viewers with the same access to the information, whether the visual
       presentation is aired shortly before, along with, or shortly after the
       auditory presentation. The Station's reasoning, in regard to Violation
       14, fails to recognize that without visual presentation of the
       emergency information each time the information is aired even if
       staggered, the auditory presentation does not allow persons with
       hearing disabilities to receive the emergency information. While this
       approach may provide hearing viewers with more access to emergency
       information, it does not provide hearing impaired viewers with the
       same access in violation of section 79.2. We therefore conclude that
       Channel 51 violated section 79.2 of the Commission's rules by failing
       to provide a visual presentation of the emergency information aurally
       regarding road closures described in Violations 2 and 14 of the NAL.

   18. We see no need to address the remainder of the Station's arguments
       regarding the specific violations set forth in the Appendix of the
       NAL. Essentially, the Station repeated in whole or in part the general
       arguments addressed we have already addressed at length. In addition,
       we note that in the NAL we found that $8,000 was the proper base
       forfeiture amount for violations of 79.2(b)(1)(i) of the Commission's
       rules. We determined, however, that a strict application of $8,000 for
       each of the 22 apparent violations would result in a total proposed
       forfeiture that is excessive in light of the circumstances presented.
       Furthermore, in determining the total number of apparent violations,
       we took into consideration the circumstances facing KUSI in providing
       emergency coverage during the wildfires. For example, we did not
       propose forfeitures for all of Channel 51's failures to provide visual
       presentation of emergency information, including failures relating to
       specific critical details identified in our rules, such as school
       closings and how to obtain relief assistance. We also determined not
       to find violations if visual information was provided within 30
       minutes either before or after the same information was provided
       aurally. Applying the $8,000 base forfeiture amount to just the
       specific violations addressed above still results in a forfeiture
       amount that is significantly less than the $160,000 that could have
       been proposed for these violations. Furthermore, assessing the full
       $8,000 for a limited number of violations is consistent with past
       Commission orders. We, therefore, see no reason to reduce the
       forfeiture amount proposed in the NAL and find that the Station is
       liable for a forfeiture amount of $25,000.

   IV. ordering clauses

   19. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, Section 1.80(f)(4) of the
       Commission's rules, and authority delegated by Sections 0.111 and
       0.311 of the Commission's rules, that Channel 51 of San Diego, Inc. IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of twenty-five thousand
       dollars ($25,000) for willful or repeated violations of section 713 of
       the Act, 47 U.S.C. S: 713, and section 79.2(b)(1)(i) of the
       Commission's rules, 47 C.F.R. S: 79.2(b)(1)(i), as described in the
       paragraphs above.

   20. Payment of the forfeiture shall be made in the manner provided for in
       section 1.80 of the Commission's rules, 47 C.F.R. S: 1.80, within
       twenty (20) days of the release date 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 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). Channel 51 of San
       Diego, Inc. will also send electronic notification on the date said
       payment is made to Johnny.drake@fcc.gov. 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: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   21. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
       Certified Mail, Return Receipt Requested to J. Brian DeBoice, Esq.,
       Cohn and Marks LLP, 1920 N Street, N.W., Suite 300, Washington, D.C.
       20036.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris A. Monteith

   Chief, Enforcement Bureau

   See 47 U.S.C. S: 503(b)(4)(A). The Commission has authority under this
   section of the Act to assess a forfeiture penalty against a broadcast
   licensee if the Commission determines that the licensee has "willfully or
   repeatedly" failed to comply with the provisions of the Act or with any
   rule, regulation, or order issued by the Commission under the Act. For a
   violation to be willful, it need not be intentional. Southern California
   Broadcasting Co., 6 FCC Rcd 4387 (1991).

   47 U.S.C. S: 613.

   47 C.F.R. S: 79.2(b)(1)(i).

   Channel 51 of San Diego, Inc., Notice of Apparent Liability for
   Forfeiture, 20 FCC Rcd 3969 (2005) ("NAL").

   Letter from Colleen K. Heitkamp, Chief, Telecommunications Consumers
   Division, Enforcement Bureau, FCC, to Michael D. McKinnon, Vice President
   and Station Manager, KUSI News (May 26, 2004) ("LOI").

   Letter from Robert B. Jacobi, Counsel for Channel 51, to Peter G. Wolfe,
   Senior Attorney, FCC (July 9, 2004) ("LOI Response").

   NAL, 20 FCC Rcd at 3974, para. 11.

   Id. at 3975, para. 15.

   Letter to Colleen Heitkamp, Chief, Telecommunications Consumers Division,
   Enforcement Bureau, Federal Communications Commission, from J. Brian
   DeBoice, Cohn & Marks (May 10, 2005)("NAL Response").

   47 U.S.C. S: 613.

   47 C.F.R. S: 79.2(b)(1)(i).

   47 C.F.R. S: 79.2(a)(2).

   Note to 47 C.F.R. S: 79.2(a)(2).

   NAL, 20 FCC Rcd at 3972, para. 6 (citing the Second Report and Order, 15
   FCC Rcd 6615, 6619-6620).

   NAL Response at vi.

   Id. at 4-5.

   Id. at 4-6.

   Id. at 6-11.

   NAL Response at 10, 33, 48 (arguing that the Commission's rules only
   require visual presentation of evacuation information when the information
   is provided to the Station in an official evacuation order).

   Id. at 7-9, 32-33, 56, 80 (arguing the station was not asked by an
   official to disseminate evacuation information to the public).

   Id. at 10-11.

   Id. at 4. KUSI refers to an award received from the International
   Association of Fire Fighters that reads "The news team stayed on the air
   for up to 19 hours a day, tracking the path of the flames, reporting the
   valiant efforts of the fire fighters to control the blazes, and relaying
   vital instructions from public safety officials to citizens on evacuation
   routes and more. The video is indicative of the support that KUSI
   Television regularly provides to members of San Diego, CA local 45." See
   also NAL Response at 83-87.

   This statement was made at 12:55 p.m. on October 26. It should be noted
   that the tape containing this advice was not provided to the Bureau in
   response to its Letter of Inquiry, and was not available at the time the
   Bureau released its NAL. If the tape (and seven others) had been provided
   on a timely basis, more violations might have been found.

   See 47 C.F.R. S: 79.2(a)(2).

   Id.; see also Note to 47 C.F.R. S: 79.2(a)(2).

   NAL Response at 14.

   Id. at 12 (noting that the force of the visual presentation is like a
   "call to action").

   See Second Report and Order, 15 FCC Rcd 6615.

   Second Report and Order, 15 FCC Rcd at 6619 (noting the importance of
   providing accurate information was addressed in the Report and Order and
   Further Notice of Proposed Rulemaking).

   Id.

   See NAL, 20 FCC Rcd at 3974, para. 12 (quoting the Second Report and
   Order, 15 FCC Rcd 6615 at 6617).

   Id.

   NAL Response at 15-18.

   NAL, 20 FCC Rcd at 3974, para. 11.

   Id.

   See NAL Response at 6; See also NAL, 20 FCC Rcd 3969, at Appendix A. We
   note that Apparent Violation 1 addresses both a road closure and an
   evacuation order violation and Apparent Violation 11 addresses both an
   evacuation order and emergency shelter violation.

   NAL Response at 76-77. The station acknowledges that it failed to visually
   display a warning from the County Board of Supervisors that residents of
   parts of Eastern County should disinfect their water. In regard to
   Apparent Violation 10, we agree with the Station that in there is no need
   to visually present information given by a public official regarding
   details of an emergency situation when station reporters immediately
   recognize that the information is erroneous.

   NAL, 20 FCC Rcd 3969, at Appendix A.

   NAL Response at 54.

   Id.

   NAL Response at 55.

   Id. at 55-56.

   Id. at 54.

   NAL Response at 34; see also, NAL, 20 FCC Rcd 3969, at Appendix A.

   NAL Response at 34-36.

   Id.

   NAL, 20 FCC Rcd 3969, at Appendix A.

   NAL Response at 63.

   Id. at 63-64.

   NAL, 20 FCC Rcd at 3974, para. 11.

   See for example Fox Television, Inc. Licensee of WTTG (TV) Washington, DC,
   DA 05-1513,  Apparent Liability for Forfeitre, 20 FCC Rcd. 9847 (2005);
   Waterman Broadcasting Corp. of Florida, Inc., DA 05- 2258, Apparent
   Liability for Forfeiture, 20 FCC Rcd. 13534 (2005).

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

   47 C.F.R. S: 1.80(f)(4).

   47 C.F.R. S:S: 0.111and .0.311.

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   Federal Communications Commission DA 08-2107

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   Federal Communications Commission DA 08- 2107