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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                                      
                                                                       
                                )   File No.: EB-FIELDSCR-12-00003047  
     In the Matter of                                                  
                                )   File No.: EB-11-TP-0067            
     Geneva Walker                                                     
                                )   NAL/Acct. No.:  20123270 0005      
     Licensee of Station WMAF                                          
                                )   FRN: 0003774288                    
     Madison, Florida                                                  
                                )   Facility ID No.: 5329              
                                                                       
                                )                                      


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: July 9, 2012  Released: July 9, 2012

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Geneva Walker, licensee of Station WMAF, in Madison,
       Florida, apparently willfully and repeatedly violated Section 11.35(a)
       of the Commission's rules (Rules), by failing to maintain operational
       Emergency Alert System (EAS) equipment and failing to keep records
       indicating why EAS tests were not received. We conclude that Ms.
       Walker is apparently liable for a forfeiture in the amount of eight 
       thousand dollars ($8,000). In addition, we direct Ms. Walker to
       submit, no later than thirty (30) calendar days from the date of this
       NAL, a statement signed under penalty of perjury that Station WMAF has
       operational EAS equipment installed.

   II. BACKGROUND

    2. On July 26, 2011, in response to a complaint that Station WMAF was not
       in compliance with EAS requirements, agents from the Enforcement
       Bureau's Tampa Office (Tampa Office) conducted an inspection during
       normal business hours of Station WMAF's main studio and transmitter
       location in Madison, Florida. The agents observed that the EAS encoder
       and decoder were not connected to the station's transmitter. The
       station's general manager stated that Station WMAF's EAS equipment was
       taken out of service in December 2010. During the inspection, the
       station's general manager attached the EAS encoder and was able to
       send a test message. The general manager stated, however, that the EAS
       decoder did not work. Station WMAF had no EAS logs or records of any
       EAS test being sent after September 15, 2010 and no logs or records of
       any EAS test ever having been received by Station WMAF.

   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 Sections 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. Failure to Maintain an Operational Emergency Alert System

    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
       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 the 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. As the nation's emergency warning system, the EAS 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.

    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 are installed and operational so
       that the monitoring and transmitting functions are available during
       the times the station is in operation. "Additionally, EAS Participants
       must determine the cause of any failure to receive the required tests
       or activations specified in S: 11.61(a)(1) and (a)(2). Appropriate
       entries indicating reasons why any tests were not received must be
       made in the broadcast station log."  On July 26, 2011, agents from the
       Tampa Office observed that Station WMAF's EAS equipment was not
       connected to the station's transmitter when the station was in
       operation. The station's general manager stated the EAS encoder was
       defective and the EAS equipment had been removed in December 2010.
       According to the station's EAS logs, the last EAS test was sent
       September 15, 2010 and no EAS tests had ever been received. The
       station's EAS logs also contained no entries explaining why no EAS
       tests had ever been received. Based on the evidence before us, we find
       that Ms. Walker apparently willfully and repeatedly violated Section
       11.35(a) of the Rules by failing to maintain operational EAS equipment
       and failing to maintain complete EAS logs.

    B. Proposed Forfeiture Amount and Reporting Requirement

    6. 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, any 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 Walker  is apparently liable for a forfeiture in the amount of
       $8,000, which is consistent with other recent cases involving similar
       facts.

    7. We further order Ms. Walker to submit a written statement, pursuant to
       Section 1.16 of the Rules, signed under penalty of perjury, stating
       that Station WMAF has operational EAS equipment installed or setting
       forth the timeframe for when the equipment will be installed. This
       statement must be provided to the Tampa Office at the address listed
       in paragraph 13 within thirty (30) calendar days of the release date
       of this NAL.

   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, Geneva Walker is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eight thousand dollars ($8,000) for violations of Section
       11.35(a) of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Geneva Walker 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 Geneva Walker SHALL SUBMIT a written
       statement, as described in paragraph 7, within thirty (30) calendar
       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, South Central Region,
       Tampa Office, 4010 W Boy Scout Blvd, Suite 425, Tampa, FL 33607. Ms. 
       Walker shall also e-mail the written statement to
       SCR-Response@fcc.gov.

   11. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Geneva Walker shall send electronic
       notification of payment to SCR-Response@fcc.gov on the date said
       payment is made. Regardless of the form of payment, a completed FCC
       Form 159 (Remittance Advice) must be submitted. When completing the
       FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).   Below are additional instructions you should
       follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. 

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated. 

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. 

   12. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer-Financial Operations, Federal
       Communications Commission, 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 by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   13. 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 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Tampa Office, 4010 W Boy Scout Blvd, Suite 425, Tampa,
       FL 33607, and include the NAL/Acct. No. referenced in the caption.
       Geneva Walker also shall e-mail the written response to
       SCR-Response@fcc.gov.

   14. 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.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and First Class Mail to Geneva Walker at P.O. Box
       776, Perry, FL 32348.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director,

   Tampa Office

   South Central Region

   Enforcement Bureau

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

   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), recons. denied,
   7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 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, 11.19, 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: 11.21.

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

   Id.

   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), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   See, e.g., Upper Peninsula Communications Inc., Forfeiture Order, DA
   12-750, 2012 WL 1702799 (Enf. Bur. rel. May 14, 2012) (imposing $8,000
   forfeiture for failing to install EAS equipment); Walter M. Czura, Notice
   of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 2285 (Enf. Bur.
   2012) (proposing $8,000 forfeiture for failing to maintain functioning EAS
   equipment); SCI Cable, Inc., Notice of Apparent Liability for Forfeiture
   and Order, 26 FCC Rcd 12927 (Enf. Bur. 2011) (proposing $8,000 forfeiture
   for failing to install EAS equipment); Spirit Broadcasting, Inc., Notice
   of Apparent Liability for Forfeiture and Order, 26 FCC Rcd 10212 (Enf.
   Bur. 2011) (proposing $8,000 forfeiture for failing to install EAS
   equipment).

   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(a).

   An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   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 12-1070

                                       4

   Federal Communications Commission DA 12-1070