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 Federal  Communications  Commission  DA  05-  2043 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Morongo  Basin  Broadcasting  Corporation 
 Licensee  of  FM  Broadcast  Station  KCDZ  Twenty  Nine  Palms,  California 


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 File  Number  EB-  04-  LA-  116 
 NAL/  Acct.  No.  200432900010  FRN  0007699564 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  19,  2005  Released:  July  21,  2005 
 By  the  Regional  Director,  Western  Region,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  two  thousand  dollar  ($  2,000)  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  1  issued  to  Morongo  Basin  Broadcasting 
 Corporation  (“  Morongo”),  licensee  of  KCDZ(  FM),  in  Twenty  Nine  Palms,  California,  for  its  apparent  repeated  violations  of  Sections  11.35(  a)  and  11.61  of  the  Commission's  Rules  ("  Rules").  2  The  alleged 
 violations  involved  failure  by  Morongo  to  ensure  that  Emergency  Alert  System  (“  EAS”)  monitoring  and  transmitting  functions  were  available  during  the  time  the  station  was  in  operation.  Based  on  our  review  of 
 Morongo’s  response  to  the  NAL,  including  its  extensive  efforts  to  implement  a  comprehensive  EAS  compliance  plan  prior  to  the  FCC  inspection,  its  overall  compliance  record  with  the  Commission’s  Rules, 
 along  with  its  exemplary  efforts  to  ensure  that  KCDZ(  FM)  was  able  to  receive  local  primary  stations  in  two  counties,  while  situated  in  an  area  that  the  relevant  County  EAS  Plan  describes  as  having  “difficult 
 coverage,”  we  conclude  that  no  forfeiture  should  be  imposed. 
 2.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Communications  Act  of  1934  as  amended,  and  Section  1.80(  f)(  4)  of  the  Rules,  3  the  instant  Notice  of  Apparent  Liability  for 
 Forfeiture,  NAL/  Acct.  No.  200432900010,  IS  CANCELLED. 
 3.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  First  Class  Mail  and  Certified  Mail  Return  Receipt  Requested  to  Morongo  Basin  Broadcasting  Corporation,  6448 
 Hallee  Road  #5,  Joshua  Tree,  California  92252. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Rebecca  L.  Dorch  Regional  Director,  Western  Region 
 Enforcement  Bureau 


 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200432900010  (Enf.  Bur.,  Western  Region,  Los  Angeles 
 Office,  released  September  29,  2004). 
 2  47  C.  F.  R.  §§  11.  35(  a),  11.  61. 


 3  47  U.  S.  C.  §  504(  b);  47  C.  F.  R.  §  1.80(  f)(  4). 
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