Federal Communications Commission DA 11-1977
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Media Mining Group, LLC
Licensee of Station KRDD(AM)
Roswell, NM
Facility ID # 68131
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File Number: EB-11-SD-0124
NAL/Acct. No.: 201232940001
FRN: 0010036804
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted: December 6, 2011 Released: December 7, 2011  
By the District Director, San Diego Office, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture and Order (“NAL”), we find that Media 
Mining Group, LLC., (“MMG”), licensee of Station KRDD(AM), in Roswell, New Mexico, apparently 
willfully and repeatedly violated section 11.35 of the Commission’s rules (“Rules”)1 by failing to ensure the
operational readiness of the Station KRDD(AM) Emergency Alert System (“EAS”) equipment.  We 
conclude that MMG is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000).  In 
addition, no later than 30 days from the date of this NAL, MMG must submit a statement signed under 
penalty of perjury that the Station KRDD(AM) EAS equipment is operating consistent with Section 11.35 
of the Rules.
II. BACKGROUND  
2. On June 21, 2011, an agent from the Enforcement Bureau’s San Diego Office (“San Diego 
Office”) conducted an inspection at Station KRDD(AM)’s main studio located in Roswell, New Mexico.  
The agent observed that although Station KRDD(AM) had EAS equipment installed, the equipment was not 
operational.  Specifically, the equipment was not capable of receiving the required tests and station 
personnel were unable to produce any documentation, logs, or records for the agent showing that required 
EAS weekly or monthly tests had been sent or received.2 Station KRDD(AM) personnel also informed the 
agent that the station’s EAS equipment had not been operational since December of 2010, when the station 
was vandalized.  
  
1 47 C.F.R. § 11.35.
2 See 47 C.F.R. § 11.61(a)(1) (“Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and 
[End of Message] code . . . . must be transmitted with in 60 minutes of receipt by EAS Participants in an EAS Local 
Area or State.”);  47 C.F.R. § 11.61(a)(2) (“Required Weekly Tests: . . .  Analog and digital AM, FM and TV 
broadcast stations must conduct tests of the EAS header and [End of Message] codes at least once a week at random 
days and times”).
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III. DISCUSSION
3. Section 503(b) of the Communications Act of 1934, as amended (“Act”),3 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.4 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 Act5 and the 
Commission has so interpreted the term in the section 503(b) context.6 The Commission may also assess 
a forfeiture for violations that are merely repeated, and not willful.7 The term “repeated” means the 
commission or omission of such act more than once or for more than one day.8
A. Emergency Alert System Equipment Operational Readiness
4. 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.9 The EAS enables the President and state 
and local governments to provide immediate and emergency communications and information to the 
general public.10 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.11 Required monthly and weekly tests originate from EAS Local or 
State Primary sources and must be retransmitted by the participating station.
  
3 47 U.S.C. § 503(b).
4 47 U.S.C. § 312(f)(1).
5 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 …”).
6 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.
7 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362 
¶ 10 (2001) (“Callais Cablevision, Inc.”) (proposing a forfeiture for, inter alia, a cable television operator’s repeated 
signal leakage). 
8 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.” See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
9 47 C.F.R. §§ 11.11, 11.41.
10 47 C.F.R. §§ 11.1, 11.21.
11 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.
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5.  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.  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.12 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  
6. On June 21, 2011, an agent from the San Diego Office inspected the Station KRDD(AM) 
EAS equipment and found that it was not operational.  The EAS equipment was unable to receive the 
required tests and Station KRDD(AM) personnel were unable to produce documentation, logs, or records 
concerning EAS tests successfully or unsuccessfully received or sent.  Station personnel acknowledged to 
the San Diego agent that the Station KRDD(AM) EAS equipment had not been operational since the station 
was vandalized in December of 2010.  Based on the evidence before us, we find that MMG apparently 
willfully and repeatedly violated section 11.35 of the Rules by failing to ensure the operational readiness 
of the Station KRDD(AM) EAS equipment.
B. Proposed Forfeiture Amount
7. Pursuant to the Commission’s Forfeiture Policy Statement and section 1.80 of the Rules, 
the base forfeiture amount for EAS equipment not installed or operational is $8,000.14 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.15 Applying the Forfeiture Policy Statement, section 1.80 of the Rules, 
and the statutory factors to the instant case, we conclude that MMG is apparently liable for a forfeiture of 
$8,000 for its violation of section 11.35 of the Rules.  We further order MMG to submit a written statement 
pursuant to section 1.16 of the Rules16 signed under penalty of perjury by an officer or director of MMG 
within thirty (30) days of the release date of this NAL that Station KRDD(AM) is now in compliance with 
section 11.35 of the Rules.  
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, 0.204, 0.311, 0.314, and 1.80 of the Commission's Rules, 
Media Mining Group, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE AND ORDER in the amount of eight thousand dollars ($8,000) for violation of section 
  
12 47 C.F.R. § 11.35.
13 47 C.F.R. § 11.35(a) – (b).  An EAS Participant may operate without the defective equipment pending its repair or 
replacement for 60 days with out further FCC authority.  See 47 C.F.R. § 11.35(b).  If the repair or replacement of 
defective equipment is not completed within 60 days, an EAS Participant shall submit an informal request to the 
District Director of the local FCC field office for additional time to repair the defective equipment.  See 47 C.F.R. § 
11.35(c).  No such request was submitted by MMG to the San Diego Office.  
14 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.
15 47 U.S.C. § 503(b)(2)(E).
16 47 C.F.R. § 1.16.
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11.35 of the Rules.17
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 and Order, Media 
Mining Group, LLC, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed forfeiture.
10. IT IS FURTHER ORDERED that Media Mining Group, LLC, SHALL SUBMIT a 
written statement, as described in paragraph 6, within thirty (30) days of the release date of this Notice of 
Apparent Liability for Forfeiture and Order.  The statement must be mailed to Federal Communications 
Commission, Enforcement Bureau, Western Region, San Diego Office, 4542 Ruffner Street, Rm. 370, 
San Diego, CA, 92111.  MMG shall also email the written statement to WR-Response@fcc.gov. 
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 
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. 20554.18  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.  MMG 
will 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 sections 1.80(f)(3) and 1.16 of the Rules.19 Mail the written statement to Federal Communications 
Commission, Enforcement Bureau, Western Region, San Diego Office, 4542 Ruffner Street, Rm. 370, San 
Diego, CA, 92111, and must include the NAL/Acct. No. referenced in the caption.  MMG shall also email 
the written response 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.  
  
17 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80, 11.35. 
18 See 47 C.F.R. § 1.1914.
19 47 C.F.R. §§ 1.16, 1.80(f)(3).
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14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture and Order shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Media 
Mining Group, LLC, 25 Central Park W., #17U, New York, NY  10023.
FEDERAL COMMUNICATIONS COMMISSION
James T. Lyon
District Director
San Diego District Office
Western Region
Enforcement Bureau