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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                                
                                                                     
     In the Matter of               )                                
                                                                     
     Media Mining Group, LLC        )   File Number: EB-11-SD-0124   
                                                                     
     Licensee of Station KRDD(AM)   )   NAL/Acct. No.: 201232940001  
                                                                     
     Roswell, NM                    )   FRN: 0010036804              
                                                                     
     Facility ID # 68131            )                                
                                                                     
                                    )                                


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: December 6, 2011 Released: December 7, 2011

   By the District Director, San Diego Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order ("NAL"),
       we find that Media Mining Group, LLC., ("MMG"), licensee of Station
       KRDD(AM), in Roswell, New Mexico, apparently willfully and repeatedly
       violated section 11.35 of the Commission's rules ("Rules") by failing
       to ensure the operational readiness of the Station KRDD(AM) Emergency
       Alert System ("EAS") equipment. We conclude that MMG is apparently
       liable for a forfeiture in the amount of eight thousand dollars
       ($8,000). In addition, no later than 30 days from the date of this
       NAL, MMG must submit a statement signed under penalty of perjury that
       the Station KRDD(AM) EAS equipment is operating consistent with
       Section 11.35 of the Rules.

   II. BACKGROUND

    2. On June 21, 2011, an agent from the Enforcement Bureau's San Diego
       Office ("San Diego Office") conducted an inspection at Station
       KRDD(AM)'s main studio located in Roswell, New Mexico. The agent
       observed that although Station KRDD(AM) had EAS equipment installed,
       the equipment was not operational. Specifically, the equipment was not
       capable of receiving the required tests and station personnel were
       unable to produce any documentation, logs, or records for the agent
       showing that required EAS weekly or monthly tests had been sent or
       received. Station KRDD(AM) personnel also informed the agent that the
       station's EAS equipment had not been operational since December of
       2010, when the station was vandalized.

   III. DISCUSSION

    3. Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty. Section
       312(f)(1) of the Act defines willful as the "conscious and deliberate
       commission or omission of [any] act, irrespective of any intent to
       violate" the law. The legislative history to section 312(f)(1) of the
       Act clarifies that this definition of willful applies to both section
       312 and 503(b) of the Act and the Commission has so interpreted the
       term in the section 503(b) context. The Commission may also assess a
       forfeiture for violations that are merely repeated, and not willful.
       The term "repeated" means the commission or omission of such act more
       than once or for more than one day.

     A. Emergency Alert System Equipment Operational Readiness

    4. Every 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 refrain from participation, and
       that request is approved by the Commission. The EAS enables the
       President and state and local governments 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.

    5. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its licensees. Section 11.35 of the Rules
       requires all broadcast stations to ensure that EAS encoders, EAS
       decoders, and attention signal generating and receiving equipment are
       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.  

    6. On June 21, 2011, an agent from the San Diego Office inspected the
       Station KRDD(AM) EAS equipment and found that it was not operational.
       The EAS equipment was unable to receive the required tests and Station
       KRDD(AM) personnel were unable to produce documentation, logs, or
       records concerning EAS tests successfully or unsuccessfully received
       or sent. Station personnel acknowledged to the San Diego agent that
       the Station KRDD(AM) EAS equipment had not been operational since the
       station was vandalized in December of 2010. Based on the evidence
       before us, we find that MMG apparently willfully and repeatedly
       violated section 11.35 of the Rules by failing to ensure the
       operational readiness of the Station KRDD(AM) EAS equipment.

     A. Proposed Forfeiture Amount

    7. Pursuant to the Commission's Forfeiture Policy Statement and section
       1.80 of the Rules, the base forfeiture amount for EAS equipment not
       installed or operational is $8,000. In assessing the monetary
       forfeiture amount, we must also take into account the statutory
       factors set forth in section 503(b)(2)(E) of the Act, which include
       the nature, circumstances, extent, and gravity of the violations, and
       with respect to the violator, the degree of culpability, and history
       of prior offenses, ability to pay, and other such matters as justice
       may require. Applying the Forfeiture Policy Statement, section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that MMG is apparently liable for a forfeiture of $8,000 for its
       violation of section 11.35 of the Rules. We further order MMG to
       submit a written statement pursuant to section 1.16 of the Rules
       signed under penalty of perjury by an officer or director of MMG
       within thirty (30) days of the release date of this NAL  that Station
       KRDD(AM) is now in compliance with section 11.35  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, and sections 0.111, 0.204,
       0.311, 0.314, and 1.80 of the Commission's Rules, Media Mining Group,
       LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       AND ORDER in the amount of eight thousand dollars ($8,000) for
       violation of section 11.35 of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture and Order, Media Mining
       Group, LLC, SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   10. IT IS FURTHER ORDERED that Media Mining Group, LLC, SHALL SUBMIT a
       written statement, as described in paragraph 6, within thirty (30)
       days of the release date of this Notice of Apparent Liability for
       Forfeiture and Order. The statement must be mailed to Federal
       Communications Commission, Enforcement Bureau, Western Region, San
       Diego Office, 4542 Ruffner Street, Rm. 370, San Diego, CA, 92111. MMG
       shall also email the written statement to  WR-Response@fcc.gov.

   11. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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). 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.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. MMG will send electronic
       notification on the date said payment is made to WR-Response@fcc.gov.

   12. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Western
       Region, San Diego Office, 4542 Ruffner Street, Rm. 370, San Diego, CA,
       92111, and must include the NAL/Acct. No. referenced in the caption.
       MMG shall also email the written response to  WR-Response@fcc.gov.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by Certified Mail, Return
       Receipt Requested, and regular mail, to Media Mining Group, LLC, 25
       Central Park W., #17U, New York, NY 10023.

   FEDERAL COMMUNICATIONS COMMISSION

   James T. Lyon

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 11.35.

   See 47 C.F.R. S: 11.61(a)(1) ("Required Monthly Tests of the EAS header
   codes, Attention Signal, Test Script and [End of Message] code . . . .
   must be transmitted with in 60 minutes of receipt by EAS Participants in
   an EAS Local Area or State."); 47 C.F.R. S: 11.61(a)(2) ("Required Weekly
   Tests: . . . Analog and digital AM, FM and TV broadcast stations must
   conduct tests of the EAS header and [End of Message] codes at least once a
   week at random days and times").

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   7 FCC Rcd 3454.

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd at 1362.

   47 C.F.R. S:S: 11.11, 11.41.

   47 C.F.R. S:S: 11.1, 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.

   47 C.F.R. S: 11.35(a) - (b). An EAS Participant may operate without the
   defective equipment pending its repair or replacement for 60 days with out
   further FCC authority. See 47 C.F.R. S: 11.35(b). If the repair or
   replacement of defective equipment is not completed within 60 days, an EAS
   Participant shall submit an informal request to the District Director of
   the local FCC field office for additional time to repair the defective
   equipment. See 47 C.F.R. S: 11.35(c). No such request was submitted by MMG
   to the San Diego Office.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   47 C.F.R. S: 1.16.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   11.35.

   See 47 C.F.R. S: 1.1914.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-1977

                                       5

   Federal Communications Commission DA 11-1977