Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Entertainment Media Trust, Dennis J.   )                                
     Watkins, Trustee                                                        
                                            )                                
     Licensee of Station KZQZ                                                
                                            )   File No.: EB-10-KC-0020      
     St. Louis, MO                                                           
                                            )   NAL/Acct. No.: 201132560003  
     Facility ID # 72391                                                     
                                            )   FRN: 0014655476              
     Licensee of Station KQQZ                                                
                                            )                                
     DeSoto, MO                                                              
                                            )                                
     Facility ID # 5281                                                      
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 19, 2011 Released: May 19, 2011

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Entertainment Media Trust, Dennis J. Watkins, Trustee
       ("Entertainment Media Trust" or "the Licensee"), licensee of AM
       Station KZQZ, in St. Louis, MO and AM Station KQQZ, in DeSoto, MO,
       apparently willfully violated section 73.1350 of the Commission's
       Rules ("Rules") by failing to operate Station KZQZ in accordance with
       the terms of its station authorization. We also find that the Licensee
       apparently willfully and repeatedly violated sections 73.1590 and
       73.3526 of the Rules by failing to conduct required annual equipment
       performance measurements for Station KZQZ and failing to maintain and
       make available complete public inspection files for Stations KZQZ and
       KQQZ. We conclude that Entertainment Media Trust is apparently liable
       for a forfeiture in the amount of twenty-five thousand dollars
       ($25,000).

   II. BACKGROUND

    2. On April 20, 2010, in response to a complaint, an agent from the
       Enforcement Bureau's Kansas City Office ("Kansas City Office") took
       measurements from a location approximately one kilometer west of the
       KZQZ transmitter site and observed no change in the field strength of
       the station's transmissions after 6:30 p.m. CDT. According to the KZQZ
       station authorization, the station must switch from daytime to
       nighttime directional patterns at 6:30 p.m. CDT during the entire
       month of April.

    3. On April 21, 2010, an agent from the Kansas City Office conducted an
       inspection of the main studio of co-located Stations KZQZ and KQQZ.
       The agent requested to inspect both of the stations' public inspection
       files during normal business hours. The public inspection file for
       Station KZQZ was missing eight issues/programs lists, i.e., all
       issues/programs lists for the period after the licensee acquired the
       station in March 2008. The public inspection file for Station KQQZ was
       missing two issues/programs lists, i.e., both issues/programs lists
       for the period after the licensee acquired the station in November
       2009. Station personnel also stated that Station KZQZ had received
       comments from the public on the station's webpage, but none of these
       comments was included in the public inspection file.

    4. An agent from the Kansas City Office also conducted field intensity
       measurements of the Station KZQZ signal on April 21, 2010, after the
       station had switched manually to a nighttime directional pattern.
       Measurements taken at the same location as on April 20, 2010 found the
       field intensity to be one-tenth of the value measured the previous
       evening. According to station management, no remote monitoring
       equipment was installed or used at Station KZQZ, and no operator had
       made observations of the transmitting system to determine if the
       directional pattern was correct for the pertinent time of day. Station
       management also stated that the licensee had not established any
       monitoring procedures or schedules for the station and had not
       maintained any station logs, other than those pertaining to the
       Emergency Alert System.

    5. On April 27, 2010, the Kansas City Office issued a Letter of Inquiry
       ("LOI") to the licensee requesting copies of the last set of equipment
       performance measurements for Station KZQZ made to demonstrate the
       station's compliance with spurious and harmonic emissions requirements
       in accordance with section 73.1590(d) of the Rules. In its response to
       the LOI, dated May 6, 2010, Entertainment Media Trust stated that
       "arrangements [for the measurements] were in process but never
       coordinated because of time restraints on both sides" and that "this
       will be corrected as soon as possible."

   III. DISCUSSION

    6. 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. Section 312(f)(1) of the Act defines willful as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both section 312 and 503(b) of the Act and the
       Commission has so interpreted the term in the section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful. The term "repeated" means the
       commission or omission of such act more than once or for more than one
       day.

    7. Section 73.1350 of the Rules states that "[e]ach licensee is
       responsible for maintaining and operating its broadcast station in a
       manner which complies with the technical rules set forth elsewhere in
       this part and in accordance with the terms of the station
       authorization." Section 73.62(b) of the Rules states that "[i]n the
       event of a failure of system components, improper pattern switching or
       any other event that results in operation substantially at variance
       from the radiation pattern specified  in the instrument of
       authorization for the pertinent time of day, operation must be
       terminated within three minutes unless power can be reduced
       sufficiently to eliminate any excessive radiation." 

    8. The station authorization for Station KZQZ requires it to switch from
       daytime to nighttime directional patterns at 6:30 p.m. CDT during the
       entire month of April. On April 20, 2010, an agent from the Kansas
       City Office observed no change in the field strength of station KZQZ's
       transmissions before and after 6:30 p.m. CDT. On April 21, 2010, the
       same agent took field strength measurements from the same location as
       the previous day, when Station KZQZ was confirmed to be operating with
       a nighttime directional pattern. The field strength measurement when
       the station was operating with a nighttime directional pattern was
       one-tenth the amount measured on April 20, 2010. Accordingly, we find
       that on April 20, 2010, Station KZQZ was operating with a daytime
       directional pattern after 6:30 p.m. CDT. The Licensee had no station
       personnel monitoring the station's transmitter, no remote control
       equipment installed, and no automated monitoring equipment to
       determine if the station was operating outside authorized parameters
       for the pertinent time of day. In addition, the Licensee had not
       established monitoring procedures or schedules for the station to
       ensure compliance with the Rules and the station authorization. Based
       on the evidence before us, we find that Entertainment Media Trust
       apparently willfully violated sections 73.1350 of the Rules  by
       failing to operate Station KZQZ consistent with the terms of its
       station authorization by its operation with an incorrect directional
       pattern.

    9. Section 73.1590(a)(6) of the Rules states, in relevant part, that "the
       licensee of each AM... station... must make equipment performance
       measurements for each main transmitter ... annually, ... with not more
       than 14 months between measurements...." Sections 73.1590(b) and (d)
       of the Rules further require that measurements "for spurious and
       harmonic emissions must be made to show compliance with the
       transmission system requirements of S: 73.44 for AM stations" and that
       such measurements "together with a description of the equipment and
       procedure used in making the measurements, signed and dated by
       qualified person(s) making the measurements, must be kept on file at
       the transmitter or remote control point for a period of 2 years, and
       on request must be made available during that time to duly authorized
       representatives of the FCC."

   10. During the April 21, 2010 inspection, station management could not
       provide the results of the latest equipment performance measurements
       pertaining to spurious and harmonic emissions on Station KZQZ. In
       response to the LOI, the Licensee stated that it did not conduct these
       annual equipment performance measurements. The Licensee acquired
       Station KZQZ in March 2008, and should have conducted these
       measurements in both 2008 and 2009. Based on the evidence before us,
       we find that Entertainment Media Trust apparently willfully and
       repeatedly violated section 73.1590 of the Rules by failing to conduct
       required equipment performance measurements for Station KZQZ in 2008
       and 2009.

   11. Section 73.3526 of the Rules states that "[e]very permittee or
       licensee of an AM, FM, TV or a Class A station in the commercial
       broadcast services shall maintain a public inspection file containing
       the material" set forth in that section.  Section 73.3526(e)(9) of the
       Rules states that "[a]ll written comments and suggestions received
       from the public regarding operation of the station . . . shall be
       retained for a period of three years from the date on which they are
       received by the licensee." Section 73.3526(e)(12) of the Rules states
       that commercial AM and FM broadcast stations must retain in the file 
       "every three months a list of programs that have provided the
       station's most significant treatment of community issues during the
       preceding three month period. [ . . . ] The lists described in this
       paragraph shall be retained in the public inspection file until final
       action has been taken on the station's next license renewal
       application."  The public inspection file must be maintained at the
       main studio of the station, and must be available for public
       inspection at any time during regular business hours. 

   12. On April 21, 2010, in response to a Kansas City Office agent's request
       during normal business hours to view the stations' public inspection
       files, Stations KQQZ and KZQZ were unable to make available complete
       public inspection files. As discussed above, Station KQQZ's public
       inspection file was missing issues/programs lists for two quarters and
       Station KZQZ's public inspection file was missing issues/programs
       lists for eight quarters. There was no evidence that Entertainment
       Media Trust had ever maintained any issues/programs lists since it
       acquired the two stations. Station KZQZ's public inspection file was
       also missing comments received from the public via the station's
       webpage.  Based on the evidence before us, we find that Entertainment
       Media Trust apparently willfully violated section 73.3526 of the Rules
       by failing to make available complete public inspection files for
       Stations KQQZ and KZQZ and apparently willfully and repeatedly
       violated section 73.3526 of the Rules by failing to maintain complete
       public inspection files for those stations.

   13. Pursuant to the Forfeiture Policy Statement, and section 1.80 of the
       Rules, the base forfeiture amount for operation with an improper
       radiation pattern for the pertinent time of day is $7,000, for failure
       to make required measurements is $2,000, and for violations of the
       public file rules is $10,000. 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.

   14. Applying the Forfeiture Policy Statement, section 1.80 of the Rules,
       and the statutory factors to the instant case, we conclude that
       Entertainment Media Trust is apparently liable for a total forfeiture
       of $25,000, consisting of the following: $7,000 for Station KZQZ's
       failure to operate consistent with the terms of its station
       authorization; $2,000 for Station KZQZ's failure to make required
       measurements in 2008; $2,000 for Station KZQZ's failure to make
       required measurements in 2009; $12,000 for Station KZQZ's incomplete
       public inspection file, and $2,000 for Station KQQZ's incomplete
       public inspection file. The last two proposed forfeiture amounts are
       particularly influenced by our finding in another enforcement action
       issued today involving an inspection of two other stations owned by
       the Licensee on the same day as the inspection here. That inspection
       found additional public inspection file violations at both stations,
       raising concerns that the Licensee may have a systematic compliance
       issue with the Commission's public inspection file rules. We strongly
       encourage the Licensee to review those rules closely and ensure that
       all of its facilities are in compliance.

   IV. ORDERING CLAUSES

   15. 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 of the Commission's Rules, Entertainment Media
       Trust, Dennis J. Watkins, Trustee is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE in the amount of twenty-five  thousand
       dollars ($25,000) for violations of sections 73.1350, 73.1590 and
       73.3526 of the Rules.

   16. 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, Entertainment Media
       Trust, Dennis J. Watkins, Trustee  SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   17. 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 Account Number and FRN Number
       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 in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made,
       Entertainment Media Trust will send electronic notification on the
       date said payment is made to SCR-Response@fcc.gov.

   18. 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
       sections 1.80(f)(3) and 1.16 of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Kansas City Office, 520 N.E. Colbern Rd., 2nd Floor,
       Lees Summit, Missouri, 64086, along with the NAL/Acct. No. referenced
       in the caption. Also, email the response to SCR-Response@fcc.gov.

   19. 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.

   20. 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 Entertainment Media Trust, Dennis J.
       Watkins, Trustee, 6500 W. Main Street, Suite 315, Belleville, IL
       62223.

   FEDERAL COMMUNICATIONS COMMISSION

   Robert C. McKinney

   District Directory

   Kansas City Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 73.1350.

   47 C.F.R. S:S: 73.1590, 73.3526.

   The agent took measurements at 6:07 p.m. CDT and at 8:05 p.m. CDT.

   License File Number: BZ-19990924ABK.

   Letter from Robert McKinney, District Director, Kansas City Office, South
   Central Region, Enforcement Bureau to Dennis Watkins, Trustee,
   Entertainment Media Trust (April 27, 2010).

   47 C.F.R. S: 73.1590(d).

   Letter from Dennis Watkins, Trustee, Entertainment Media Trust to Robert
   McKinney, District Director, Kansas City Office, South Central Region,
   Enforcement Bureau (May 6, 2010).

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., section 503).... As defined ... `willful' means that the licensee
   knew that he was doing the act in question, regardless of whether there
   was an intent to violate the law. `Repeated' means more than once, or
   where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   sections 312 and 503, and are consistent with the Commission's application
   of those terms ...").

   See, e.g., Application for Review of Southern California Broadcasting Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon. denied,
   7 FCC Rcd 3454 (1992) ("Southern California Broadcasting Co.").

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
   Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   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: 73.1350.

   47 C.F.R. S: 73.62(b).

   47 C.F.R. S: 73.1590(a)(6).

   47 C.F.R. S: 73.1590(b), (d).

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(e)(9).

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

   47 C.F.R. S: 73.3526(b).

   47 C.F.R. S: 73.3526(c).

   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. S: 1.80.

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

   Entertainment Media Trust, Dennis J. Watkins, Trustee, Notice of Apparent
   Liability, DA 11-902 (Enf. Bur. rel. May 19, 2011).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.1350, 73.1590, 73.3526.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-900

                                       6

   Federal Communications Commission DA 11-900

                                       1

                                       2