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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

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




                                FORFEITURE ORDER

   Adopted: January 22, 2014 Released: January 22, 2014

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of six thousand, four hundred dollars ($6,400) to Media
       Mining Group, LLC, (MMG), licensee of Station KRDD(AM), in Roswell,
       New Mexico, for willfully and repeatedly violating Section 11.35 of
       the Commission's rules (Rules).^ The noted violation involved MMG's
       failure to ensure the operational readiness of the Station KRDD(AM)
       Emergency Alert System (EAS) equipment.

   II. BACKGROUND

    2. On December 7, 2011, the Enforcement Bureau's San Diego Office (San
       Diego Office) issued a Notice of Apparent Liability for Forfeiture and
       Order (NAL) ^ for eight thousand dollars ($8,000) to MMG for failing
       to ensure the operational readiness of the Station KRDD(AM) EAS
       equipment.^ In response to the NAL, MMG does not deny the violations,
       but requests cancellation or reduction based on its history of
       compliance with the Rules, its ability to pay the forfeiture, the
       nature and circumstances surrounding the violation, and any other
       matters as justice requires.^

   III. DISCUSSION

    3. 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 Forfeiture Policy
       Statement.^ In examining MMG's response, Section 503(b)(2)(E) 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.^

    4. We affirm the NAL's finding that MMG violated Section 11.35 of the
       Rules.^  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.^ As reflected in the NAL, on June 21,
       2011, an agent from the San Diego Office conducted an inspection at
       Station KRDD(AM) and determined that although Station KRDD(AM) had EAS
       equipment installed, the equipment was not operational.^ In
       particular, 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.^ Based on the undisputed evidence, we conclude that
       MMG willfully and repeatedly violated Section 11.35 of the Rules by
       failing to ensure the operational readiness of the Station KRDD(AM)
       EAS equipment.^

    5. In response to the NAL, MMG nonetheless requests cancellation or
       reduction of the $8,000 forfeiture, first arguing that the San Diego
       Office erred by not taking a "hard look" at the "nature, extent and
       circumstances" of the violation.^ We disagree. The "hard look"
       doctrine that is proposed by MMG is the standard the Commission is
       required to use when reviewing "meritorious applications for waiver .
       . . and [the Commission] must consider all relevant factors."^ While
       the "hard look" standard is not relevant to this inquiry, we find that
       the San Diego Office appropriately reviewed all the relevant factors
       when proposing the forfeiture to MMG.^ The Commission has already
       determined that the "adjustment criteria listed in . . . the
       guidelines reflect the factors outlined in the statute."^ For
       forfeitures proposed and assessed under Section 503(b) of the Act, as
       this one is, the adjustment factors included by the Commission in its
       downward adjustment criteria, in Section 1.80, are: (1) minor
       violation; (2) good faith or voluntary disclosure; (3) history of
       compliance; and (4) inability to pay.^

    6. We find that the San Diego Office properly considered the downward
       adjustment criteria and concluded that MMG's violation, which
       consisted of its failure to ensure the operational readiness of the
       Station KRDD(AM) EAS equipment from December 2010 through June 2011,
       was not a minor violation. MMG has produced no evidence that it was
       entitled to a reduction based on good faith or voluntary disclosure to
       the Commission. MMG has also produced no information concerning its
       ability to pay the forfeiture and we decline to reduce the forfeiture
       based solely on MMG's arguments that we must rely on information other
       than gross revenues and that other entities have received large
       reductions.^ MMG further argues that it has a history of compliance
       with the Rules and, after reviewing the Commission's records, we
       agree. We find that reduction of the forfeiture based on MMG's history
       of compliance with the Rules is warranted and reduce the forfeiture by
       $1,600.

    7. MMG also asserts that the San Diego Office failed to take into account
       other matters as justice may require, including the local nature of
       the broadcast service it provides, along with the value of the service
       it provides to the Hispanic community of Eastern New Mexico. While we
       applaud MMG's efforts, we find that they do not support a reduction in
       the forfeiture amount. The Commission has consistently held that
       "licensees are expected to comply with the Rules as well as to make
       continued efforts to serve the community to which they are licensed
       and will not be relived of liability for violations of the Rules by
       the fact they have fulfilled their responsibility to serve their
       communities."^ Additionally, "a licensee is not relieved of
       responsibility for complying with applicable statutes and rules by the
       fact that it has performed an outstanding public service to the
       community."^ Therefore, after consideration of the entire record and
       the factors listed above, we find that a forfeiture in the amount of
       $6,400 is warranted.

   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(f)(4) of the Commission's rules, Media Mining
       Group, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of six
       thousand, four hundred dollars ($6,400) for violations of Section
       11.35 of the Rules.^

    9. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Forfeiture Order.^  If the forfeiture is not paid
       within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.^  Media Mining Group, LLC, shall send
       electronic notification of payment to WR-Response@fcc.gov on the date
       said payment is made.  The payment must be made by check or similar
       instrument, wire transfer, or credit card, and must include the
       NAL/Account number and FRN referenced above. 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.

   8. Any request for full payment over time 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.

   9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class and Certified Mail, Return Receipt Requested, to Media Mining
   Group, LLC, 25 Central Park W., #17U, New York, NY 10023 and to its
   counsel, Ernest T. Sanchez, The Sanchez Law Firm P.C., 2300 M Street, NW,
   Suite 800, Washington, D.C. 20037.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 11.35.

   ^ Media Mining Group, LLC, Notice of Apparent Liability for Forfeiture and
   Order, 26 FCC Rcd 16426 (Enf. Bur. 2011) (NAL). A comprehensive recitation
   of the facts and history of this case can be found in the NAL and is
   incorporated herein by reference.

   ^ See Response of Media Mining Group, LLC, to San Diego Office, Western
   Region, Enforcement Bureau (Jan. 5, 2012) (on file in EB-11-SD-0124) (NAL
   Response).

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

   ^ 47 C.F.R. S 1.80.

   ^ 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), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

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

   ^ See NAL, supra note 2.

   ^ 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. NAL, 26 FCC Rcd at 16430, n 13.

   ^ NAL, 26 FCC Rcd at 16428, para 6.

   ^ 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. Id.

   ^ As required by the NAL, MMG submitted a written statement, signed under
   penalty of perjury, stating that Station KKRD(AM) is now in compliance
   with Section 11.35 of the Rules. See Statement of Cholene Espinoza,
   Officer, Media Mining Group, LLC, to San Diego Office, Western Region,
   Enforcement Bureau (Jan 5, 2012) (on file in EB-11-SD-0124).

   ^ NAL Response at 2-3.

   ^ KSCT-TV, Inc., 699 F.2d 1185, 1191 - 1192 (D.C. Cir. 1983) (finding that
   FCC acted arbitrarily in not giving "hard look" to application of local
   television network affiliate for waiver of network non-duplication rules).

   ^ See One Mart Corporation, Memorandum Opinion and Order, 23 FCC Rcd 9910
   (Enf. Bur. 2008) ("hard look" doctrine is inapplicable to forfeiture
   proceedings, however, the criteria found in Section 503(b) of the Act must
   be applied).

   ^ Forfeiture Policy Statement, 12 FCC Rcd at 17100 (1997).

   ^ 47 C.F.R. S 1.80(b)(5), Note: Guidelines for Assessing Forfeitures,
   Section II, Adjustment Criteria for Section 503 Forfeitures.

   ^ NAL Response at 3-4.

   ^ Radio Beaumont, Inc., Memorandum Opinion and Order, 50 FCC 2d 904 (1975)
   ($2,000 forfeiture for failure to give proper notice to the parties called
   of licensee's intention to broadcast the conversations which were
   instigated by station-initiated telephone calls not reduced because of
   licensee's long record of public and community service).

   ^ Esther Blodgett, Memorandum Opinion and Order, 18 FCC 2d 6 (1969) ($500
   forfeiture for failure to respond to a notice of violation not reduced for
   public service to the community because a station is expected to provide a
   public service for its community).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   11.35.

   ^ 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 504(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.

   Federal Communications Commission DA 14-56

   2

   Federal Communications Commission DA 14-56