Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-06-SF-048       |
|                                  |   |                                 |
| Gla-Mar Broadcasting, LLC        | ) | NAL/Acct. No.: 200632960001     |
|                                  |   |                                 |
| Licensee of KBZB-FM              | ) | FRN: 0009062464                 |
|                                  |   |                                 |
| Pioche, NV                       | ) |                                 |
|                                  |   |                                 |
| Facility ID \# 78999             | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## FORFEITURE ORDER

**Adopted: May 22, 2007 Released: May 24, 2007**

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 two hundred and fifty dollars (\$250) to
    Gla-Mar Broadcasting, LLC, ("Gla-Mar"), licensee of station KBZB-FM,
    in Pioche, Nevada, for willfully and repeatedly violating Section
    11.35(a) of the Commission's Rules ("Rules").[^1] On September 29,
    2006, the Enforcement Bureau's San Francisco Office issued a *Notice
    of Apparent Liability for Forfeiture* ("*NAL*") in the amount of
    \$8,000 to Gla-Mar for failing to ensure the operational readiness
    of the KBZB-FM Emergency Alert System ("EAS") equipment.[^2] In this
    *Order*, we consider Gla-Mar's arguments that it was in the process
    of ordering new EAS equipment prior to the inspection by the San
    Francisco Office, and that the forfeiture should be cancelled based
    on Gla-Mar's inability to pay.

# BACKGROUND

2.  On June 13, 2006, agents from the Enforcement Bureau's San Francisco
    Office inspected the KBZB-FM transmitter atop Highland Peak and the
    main studio of KBZB-FM located at 100 Main Street, Pioche, Nevada.
    At the time of the inspection, the San Francisco agents observed
    that the KBZB-FM EAS equipment was unable to transmit a test.
    Specifically, the agents asked the staff to transmit a required
    weekly test ("RWT"). The RWT was attempted and the EAS unit
    indicated the test was running. The station's monitor speakers,
    however, did not carry the EAS audio, indicating that the test was
    not transmitted. Normal programming continued over-the-air when the
    EAS weekly test was purportedly in progress. The KBZB-FM staff
    indicated that they were aware that the EAS equipment was not fully
    functional. KBZB-FM staff members also indicated to the San
    Francisco agents that they reported this failure to the owner of the
    station, but no repairs were attempted.

3.  The San Francisco agents asked to inspect KBZB-FM's EAS log. The
    agents found no written log, consequently, there were no log entries
    giving a date of the failure of the EAS equipment[^3] or describing
    efforts to determine the cause of failure to receive required tests
    or to repair or replace the defective equipment. Additionally, the
    agents found no logs of RWT's, required monthly tests ("RMT's") or
    alerts.[^4] The agents were given seven printed EAS tapes. The tapes
    indicated KBZB-FM received RWT's on September 8, 2005, January 26,
    2006, and April 20, 2006. The tapes also indicated KBZB-FM
    transmitted RWT's on May 17, 2005, September 11, 2005 and January
    19, 2006. There were no tapes indicating the receipt or transmission
    of any RMT's.

4.  On June 23, 2006, the KBZB-FM's engineer emailed the San Francisco
    Office and indicated that new EAS equipment had been installed, and
    that the staff had been trained on how to use it.

5.  On September 29, 2006, the San Francisco Office issued a *NAL* in
    the amount of \$8,000 to Gla-Mar, finding that Gla-Mar apparently
    willfully and repeatedly failed to ensure the operational readiness
    of the KBZB-FM EAS equipment. Gla-Mar filed a response
    ("*Response*") on November 27, 2006, arguing that it was in the
    process of ordering new EAS equipment prior to the inspection by the
    San Francisco Office, and that the forfeiture should be cancelled
    based on Gla-Mar's inability to pay.[^5]

# III. DISCUSSION

6.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^6] Section 1.80 of the
    Rules,[^7] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines* ("*Forfeiture Policy Statement"*).[^8] In examining
    Gla-Mar's 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.[^9]

7.  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.[^10] 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.[^11] 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.[^12] Required monthly and
    weekly tests originate from EAS Local or State Primary sources and
    must be retransmitted by the participating station.

8.  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.[^13]

9.  Gla-Mar does not dispute the facts as described in the *NAL,* but
    does argue that it was in the process of ordering EAS equipment for
    KBZB-FM prior to the San Francisco agent's inspection on June
    13, 2006. Gla-Mar did not order the EAS equipment, however, until
    June 15, 2006. Reductions based on good faith efforts to comply
    generally involve situations where violators demonstrate that they
    initiated measures to correct or remedy violations prior to a
    Commission inspection or investigation.[^14] Gla-Mar has produced no
    evidence to substantiate its claim that it was in the process of
    ordering EAS equipment prior to the inspection by the San Francisco
    agent, therefore, we are unable to reduce the proposed forfeiture
    amount based on Gla-Mar's good faith efforts to comply with the
    Rules.

10. Gla-Mar also requests that the forfeiture amount be cancelled based
    on its inability to pay. To support its request, Gla-Mar supplies
    three years of income tax data. In analyzing a financial hardship
    claim, the Commission generally has looked to gross revenues as a
    reasonable and appropriate yardstick in determining whether a
    licensee is able to pay the assessed forfeiture.[^15] The data
    produced by Gla-Mar does not support cancellation of the forfeiture,
    however, it does support a significant reduction of the forfeiture
    amount. Therefore, while we find that Gla-Mar willfully and
    repeatedly violated Section 11.35(a) of the Rules, based upon its
    inability to pay, we conclude that pursuant to Section 503(b) of the
    Act and the *Forfeiture Policy Statement*, reduction of the \$8,000
    forfeiture to \$250 is warranted.

# IV. ORDERING CLAUSES

11. **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, Gla-Mar
    Broadcasting, LLC, **IS LIABLE FOR A MONETARY FORFEITURE** in the
    amount of \$250 for willfully and repeatedly violating Section
    11.35(a) of the Rules.[^16]

12. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release 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.[^17] 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/Acct. No. and FRN No. referenced above. 
    Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911- 6106. Requests for full payment under an installment
    plan should be sent to: Associate Managing Director -- Financial
    Operations, Room 1A625, 445 12th Street, S.W., Washington, D.C.
    20554.[^18]

13. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class Mail and Certified Mail Return Receipt Requested to
    Gla-Mar Broadcasting, LLC, at its address of record, and Aaron
    Shainis, Esquire, its counsel of record.

**FEDERAL COMMUNICATIONS COMMISSION**

Rebecca L. Dorch

Regional Director, Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 11.35(a).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200632960001 (Enf. Bur., Western Region, San Francisco Office,
    released September 29, 2006).

[^3]: Additionally, KBZB-FM did not submit an informal request to the
    FCC San Francisco District Director, as required by Section 11.35(c)
    of the Rules, concerning the defective EAS equipment and when it
    would be repaired or replaced.

[^4]: One staff member stated that EAS tests were done orally, but the
    agents found no oral tests entered into the station log.

[^5]: Gla-Mar requested and received a 30 day extension to respond to
    the *NAL*.

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. § 1.80.

[^8]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^9]: 47 U.S.C. § 503(b)(2)(E).

[^10]: 47 C.F.R. §§ 11.11 and 11.41.

[^11]: 47 C.F.R. §§ 11.1 and 11.21.

[^12]: 47 C.F.R. § 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.

[^13]: 47 C.F.R. § 11.35(a) and (b).

[^14]: *See Radio One Licenses, Inc.,* 17 FCC Rcd 20408 (EB 2002),
    *recon. denied,* 18 FCC Rcd 15964 (2003).

[^15]: *See PLB Communications of Virginia, Inc.*, 7 FCC Rcd 2088
    (1992).

[^16]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4),
    11.35(a).

[^17]: 47 U.S.C. § 504(a).

[^18]: *See* 47 C.F.R. § 1.1914.