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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Action Radio, LLC                      )                                
                                                  File Number: EB-07-PO-083  
     Former Licensee of Stations KZZR(AM)   )                                
     and KQHC-FM                                NAL/Acct. No.: 200732920005  
                                            )                                
     Burns, Oregon                                          FRN: 0013304258  
                                            )                                
     Facility ID Numbers 62265 and 62264                                     
                                            )                                
                                                                             
                                            )                                


                                     ORDER

   Adopted: March 27, 2008 Released: March 31, 2008

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Order ("Order"), we cancel a proposed monetary forfeiture to 
       Action Radio, LLC ("Action Radio"), former licensee of broadcast
       stations KZZR(AM) and KQHC-FM, in Burns, Oregon, and admonish Action
       Radio for its willful and repeated violation of Section 11.35(a) of
       the Rules.  On August 14, 2007, the Enforcement Bureau's Portland
       Resident Agent Office issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $8,000 to Action Radio for willful
       and repeated violation of Section 11.35(a)  of the Commission's Rules
       ("Rules") by failing to ensure the operational readiness of the
       KZZR(AM) and KQHC-FM Emergency Alert System ("EAS") equipment.

   II. BACKGROUND

    2. On July 26, 2007, in response to a complaint, an agent of the
       Enforcement Bureau's Portland Resident Agent Office inspected the EAS
       equipment installed at KZZR(AM) and KQHC-FM's studio in Burns, Oregon.
       The inspection revealed that the KZZR(AM) and KQHC-FM EAS
       encoder/decoder, model Sage, was not operational and that the date
       stamp was reset to a default year of 1995. The agent reviewed the
       KZZR(AM) and KQHC-FM EAS logs and observed that the last EAS entry was
       a Required Weekly Test transmitted on July 24, 2006. In response to
       questions from the Portland agent, the Action Radio general manager
       and assistant general manager acknowledged that KZZR(AM) and KQHC-FM
       had not conducted any EAS Tests or alerts for "over a year" because of
       the non-operational EAS equipment.

    3. On August 14, 2007, the Portland Resident Agent Office issued a NAL in
       the amount of $8,000 to Action Radio.   In the NAL, the Portland
       Office found that Action Radio apparently willfully and repeatedly
       violated Section 11.35(a) of the Rules by failing to ensure the
       operational readiness of the EAS equipment at KZZR(AM) and KQHC-FM.
       Action Radio filed a response to the NAL on October 5, 2007
       ("Response"). In its Response, Action Radio does not deny the
       inoperability of the EAS equipment, but requests that the forfeiture
       be reduced or cancelled based on its history of compliance with the
       Commission's Rules, and its ability to pay the forfeiture because of
       its financial situation.

   III. DISCUSSION

    4. 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. In examining
       the 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. 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

    6. 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.

    7. Action Radio does not deny the violations described in the NAL, but
       asserts that it has a history of compliance with the Commission's
       Rules. We have reviewed our records, and we agree. Action Radio also
       asserts that the forfeiture will result in a financial hardship to
       Action Radio, and supplies tax returns and financial records for
       Action Radio, LLC, and its sole member. After reviewing the Response,
       the financial documentation submitted, as well as the assignment of
       license application for KZZR(AM) and KQHC-FM, we conclude that payment
       of the proposed $8,000 forfeiture would impose financial hardship on
       Action Radio. Furthermore, we note Action Radio is no longer the
       licensee of KZZR(AM) and KQHC-FM, holds no other broadcast licenses,
       and it appears to have no assets since the consummation of the
       transaction concerning the assignment of those two stations.
       Therefore, we conclude that cancellation of the forfeiture is
       warranted. Nevertheless, we find that it is appropriate to admonish
       Action Radio for its willful and repeated violation of Section
       11.35(a) of the Rules.

   IV. ORDERING CLAUSES

    8. 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, that the proposed
       forfeiture in the amount of eight thousand dollars ($8,000) issued to
       Action Radio, LLC, in the August 14, 2007, Notice of Apparent
       Liability for willful and repeated violations of Section 11.35 of the
       Rules IS CANCELLED.

    9. IT IS FURTHER ORDERED that Action Radio, LLC, IS ADMONISHED for its
       willful and repeated violations of Section 11.35(a) of the Rules.

   10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Action
       Radio, LLC, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   On October 1, 2007, an assignment of the KZZR(AM) and KQHC-FM licenses
   from Action Radio, LLC, to B & H Radio, Inc., was granted. See File No.
   BAL-20070807ABH. The transaction was consummated on October 1, 2007.

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

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732920005
   (Enf. Bur., Western Region, Portland Resident Agent Office, released
   August 14, 2007).

   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. S:S: 11.11 and 11.41.

   47 C.F.R. S:S: 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
   sources.

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

   See Grass Roots Broadcasting, LLC, 19 FCC Rcd 4018 (EB 2004); Lighthouse
   Broadcasting, 18 FCC Rcd 9573 (EB 2003).

   Federal Communications Commission DA 08-742

   1

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   Federal Communications Commission DA 08-742