Federal Communications Commission DA 11-48
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
North County Broadcasting Corporation
Licensee of Station KFSD
Escondido, California
Facility ID #49205
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File No.: EB-10-SD-0028
NAL/Acct. No.: 201132940002  
FRN: 0003770757 
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: January 11, 2011  Released: January 13, 2011
By the Acting District Director, San Diego Office, Western Region, Enforcement Bureau:
  
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that North County 
Broadcasting Corporation (“NCBC”), the licensee of AM broadcast station KFSD(AM) in Escondido, 
California, apparently willfully and repeatedly violated Section 11.35 of the Commission’s Rules (“Rules”)1
by failing to ensure the operational readiness of Station KFSD’s Emergency Alert System (“EAS”) 
equipment.  We conclude that NCBC is apparently liable for a forfeiture in the amount of six thousand 
dollars ($6,000).
II. BACKGROUND
2. On March 18, 2010, agents from the Enforcement Bureau’s San Diego Office conducted an 
inspection of Station KFSD’s main studio, located at 1835 Aston Avenue, Carlsbad, California.  The agents 
observed that Station KFSD’s EAS equipment was shared with the licensee’s co-located Station 
KCEO(AM).  The agents also observed that Station KFSD’s EAS equipment was not operating properly at 
the time of inspection.  Specifically, the EAS equipment was capable of transmitting a required weekly test 
(“RWT”) for Station KCEO, but it was not capable of transmitting a RWT for Station KFSD.  A review of 
the EAS logs for Stations KCEO and KFSD indicated that in December 2009, and again in February 2010, 
Station KFSD’s chief engineer was contacted by the operator on duty at Station KFSD concerning problems 
with Station KFSD’s EAS equipment and its failure to re-transmit the required monthly tests (“RMTs”).  
During the inspection, an NCBC staff person acknowledged that Station KFSD’s EAS equipment 
connection had been experiencing problems sending RWTs and RMTs since early December 2009.  
3. On March 31, 2010, the San Diego Office sent a letter of inquiry (“LOI”) to NCBC 
concerning the operational status of Station KFSD’s EAS equipment.2 In its response, NCBC 
  
1 47 C.F.R. § 11.35.
2 See Letter of Inquiry from William R. Zears, Jr., District Director, San Diego Office, Western Region, 
Enforcement Bureau, to North County Broadcasting Corporation, dated March 31, 2010.
Federal Communications Commission DA 11-48
acknowledged that Station KFSD’s EAS equipment, specifically the audio link, was not functioning 
properly from December 2009 until April 8, 2010.3 NCBC explained that when the operator on duty 
contacted the Station KFSD chief engineer in December about the failure of the audio link, the chief 
engineer initially believed that the station’s EAS equipment problems were intermittent.  When notified 
again in February by Station KFSD staff of EAS failures, the chief engineer performed a complete 
inspection of the equipment and exchanged controlling links between pieces of the equipment.  The next 
week, in early March, the chief engineer inspected the wiring between the pieces of equipment and the audio 
paths, as well as tested recently purchased pieces of equipment in an attempt to resolve the continuing EAS 
failures.4 NCBC also stated that after the San Diego Office’s inspection on March 18, 2010, the engineer 
submitted the equipment for repair and it was determined that a power supply filter capacitor had “finally 
dried up” and had gone from causing intermittent failure to total failure of the audio link.5 NCBC also 
stated that the equipment was repaired as of April 8, 2010.6
III. DISCUSSION
4. Section 503(b) of the Communications Act of 1934, as amended (“the Act”),7 provides that 
any person who willfully fails to comply substantially with the terms and conditions of any license, or 
willfully 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.  The term “willful” as used in Section 
503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly.8 The term 
“repeated” means the commission or omission of such act more than once or for more than one day.9
5. 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.10 The EAS enables the President and state 
and local governments 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 
  
3 See Letter from Susan E. Burke, Secretary, North County Broadcast Corporation, to William R. Zears, Jr., District 
Director, San Diego Office, Western Region, Enforcement Bureau, dated April 19, 2010 (“LOI Response”).
4 LOI Response at 2.
5 Id.
6 Id.
7 47 U.S.C. § 503(b).
8 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that “[t]he term ‘willful’, when used with reference to the commission or 
omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any 
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act….” 
See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. 
denied, 7 FCC Rcd 3454 (1992).
9 Section 312(f)(2) of the Act, 47 U.S.C. § 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.”
10 47 C.F.R. §§ 11.11, 11.41.
11 47 C.F.R. §§ 11.1, 11.21.
Federal Communications Commission DA 11-48
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.  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.
6. 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.13 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.14 Furthermore, Section 11.61(a)(1) and (2) of the Rules require broadcast 
stations to (a) receive monthly EAS tests from designated local primary EAS sources and retransmit the 
monthly test within 60 minutes of its receipt, and (b) conduct tests of the EAS header and End of Message 
codes at least once a week at random days and times.15 The requirement that stations monitor, receive, 
and retransmit the required EAS tests ensures the operational integrity of the EAS system in the event of 
an actual disaster.  Accordingly, appropriate entries must be made in the broadcast station log as specified 
in Sections 73.1820 and 73.1840 of the Rules, indicating reasons why any tests were not received 
or transmitted.16  
7. As discussed above, a March 18, 2010, Bureau inspection of Station KFSD’s EAS 
equipment revealed that the equipment was not operational.  Specifically, the audio link for Station KFSD’s 
EAS equipment was not functioning, and this prohibited the station from transmitting a RWT and 
retransmitting a RMT.  The Bureau’s investigation further revealed that Station KFSD’s EAS equipment 
had failed to function properly since December 2009, and that effective repairs were not made until April 
2010.17 Thus, based on the evidence before us, we find that NCBC apparently willfully and repeatedly 
violated Section 11.35 of the Rules by failing to ensure the operational readiness of Station KFSD’s 
EAS equipment.
8. Pursuant to the Commission’s Forfeiture Policy Statement18 and Section 1.80 of the Rules, 
the base forfeiture for EAS equipment that is 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 
  
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.
14 47 C.F.R. § 11.35(a) - (b).
15 47 C.F.R. § 11.61(a)(1) - (2). The required monthly and weekly tests  must conform to the procedures in the EAS 
Operational Handbook.  See also, Amendment of Part 11 of the Commission’s Rules Regarding the Emergency Alert 
System, 17 FCC Rcd 4055 (2002). 
16 47 C.F.R. §§ 73.1820, 73.1840.
17 LOI Response at 2.
18 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. § 1.80.
Federal Communications Commission DA 11-48
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.19 As discussed above, NCBC initiated good faith efforts, albeit 
unsuccessfully, to troubleshoot the EAS equipment failures prior to the Bureau’s inspection.  Therefore, 
pursuant to established precedent, we find that a reduction of the proposed forfeiture is warranted.20  
However, we caution NCBC that future violations of the Rules may subject it to more severe enforcement 
penalties.  Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to 
the instant case, we conclude that North County Broadcasting Corporation is apparently liable for a 
forfeiture in the amount of $6,000.  
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission’s Rules, North County 
Broadcasting Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount of six thousand dollars ($6,000) for apparently willfully and repeatedly 
violating Section 11.35 of the Commission’s Rules.21
10. 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, North County 
Broadcasting Corporation SHALL PAY the full amount of the proposed forfeiture, or SHALL FILE a 
written statement seeking reduction or cancellation of the proposed forfeiture.
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 NAL/Acct. No. 
and FRN No. 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 if block number 23A (call sign/other ID), and enter the letters “FORF” in block 24A (payment type 
code).  Requests for full payment under an installment plan should be sent to:  Chief Financial Officer –
Financial Operations, 445 12th St., S.W., Room 1-A625, Washington, DC  20554.22 If you have any 
questions, please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email:  
ARINQUIRIES@fcc.gov.  North County Broadcasting Corporation shall also 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 
  
19 47 C.F.R. § 503(b)(2)(E).
20 See, e.g., Sutro Corporation, Memorandum Opinion and Order, 19 FCC Rcd 15274, 15277 (2004) (stating that 
the Commission has “generally provided reductions based on the good faith corrective efforts of a violator when 
those corrective efforts were taken prior to Commission notification of the violation”); Radio One Licenses, Inc., 
Memorandum Opinion and Order, 17 FCC Rcd 20408 (EB 2002), review granted in part and denied in part, 18 
FCC Rcd 15964 (2003) (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).
21 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80, 11.35.
22 See 47 C.F.R. § 1.1914.
Federal Communications Commission DA 11-48
Sections 1.80(f)(3) and 1.16 of the Rules.  The written statement must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, San Diego Office, 4542 Ruffner 
Street, Suite 370, San Diego, California, 92111, and must include the NAL/Acct. No. referenced in the 
caption.  The statement shall also be emailed 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 shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to North County 
Broadcasting Corporation, 1835 Aston Avenue, Carlsbad, CA, 92008.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
Acting District Director
San Diego Office 
Western Region
Enforcement Bureau