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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                               
                                                                 
     In the Matter of            )                               
                                                                 
     Omni Communications, Inc.   )                 EB-07-DL-075  
                                                                 
     Licensee of Station KWOX    )   NAL/Acct. No. 200832500001  
                                                                 
     Woodward, Oklahoma          )              FRN: 0003752904  
                                                                 
     Facility ID # 50332         )                               
                                                                 
                                 )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 23, 2007

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Omni Communications, Inc. ("Omni"), licensee of station KWOX, in
       Woodward, Oklahoma, apparently willfully and repeatedly violated
       Section 11.35(a) of the Commission's Rules ("Rules") by failing to
       ensure that Emergency Alert System ("EAS") equipment was installed so
       that the monitoring and transmitting functions were available during
       the times the station was in operation. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Omni is apparently liable for a forfeiture in the amount of eight
       thousand dollars ($8,000).

   II. BACKGROUND

    2. On May 2, 2007, an agent from the Commission's Dallas Office of the
       Enforcement Bureau ("Dallas Office") inspected the main studio for
       station KWOX in Woodward, Oklahoma. The EAS unit had no audio signal
       on two of the three connected inputs. The unit's date was set to
       1/10/1995 and would not accept a date or time correction. The unit was
       set to automatically retransmit monthly tests. A review of the EAS
       logs for the previous five months found no entries for received weekly
       or monthly tests or sent monthly tests. The station attached eight
       printouts dated in January and February 2005 showing weekly tests sent
       to log entries for eight days in February, March, April, and May 2007.
       There were no log entries indicating why the missing weekly and
       monthly tests were not received or sent.

   III. DISCUSSION

    3. Section 503(b) of the 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. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    4. 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 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. The EAS protocol includes the day in Julian calendar days,
       the time the message was released and a valid time period for the
       message.

    5. During the inspection on May 2, 2007, station KWOX's EAS
       encoder/decoder was not operational, because it was missing audio
       inputs and the unit would not accept a correction to the date or time.
       Without the correct date and time, the unit could not properly
       validate any received or transmitted messages, and, therefore, would
       discard received messages and not automatically retransmit received
       messages. Station KWOX's EAS unit was set to automatically retransmit
       monthly tests. The logs showed no weekly or monthly tests received or
       monthly tests sent for at least five months prior to the inspection
       and contained no explanation for the missing weekly and monthly
       received and sent tests. There was no other evidence that the
       equipment was fully operational during this five-month period.

    6. Based on the evidence before us, we find that Omni apparently
       willfully and repeatedly violated Section 11.35(a) of the Rules by
       failing to ensure that EAS equipment was installed so that the
       monitoring and transmitting functions were available during the times
       the station was in operation.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("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, and 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 Omni 
       is apparently liable for a $8,000 forfeiture.

   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, 0.311,
       0.314 and 1.80 of the Commission's Rules, Omni Communications, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of eight  thousand dollars ($8,000) for violation 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 days of the release date of this
       Notice of Apparent Liability for Forfeiture, Omni Communications, Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Dallas Office,
       9330 LBJ Freeway, #1170, Dallas, Texas, 75243 and must include the
       NAL/Acct. No. referenced in the caption.

   12. 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.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.8

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Omni Communications, Inc. at its
       address of record and to its counsel, John F. Garziglia, Womble,
       Carlyle, Sandridge & Rice, 1401 Eye Street NW, Seventh Floor,
       Washington, DC 20005.

   FEDERAL COMMUNICATIONS COMMISSION

   James D. Wells

   District Director,

   Dallas Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35(a) and 73.3526(e)(12).

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

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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 Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   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."

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

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

   47 C.F.R. S: 11.31.

   Some EAS units can be programmed to print an out-of-date message for
   received tests prior to discarding them. However, there were no such
   messages in station KMZE's files.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 11.35(a).

   8 See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission