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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )
                              )
Liability of                       )              
Northern  Colorado Radio, Inc.          )           
                              )
Licensee of Radio Station KUAD-FM  )
Windsor, CO                        ) 
                              )
For a Forfeiture                   )
                                 
                                 

                  MEMORANDUM OPINION AND ORDER


   Adopted:  February 5, l997           Released:  February 11, l997 

By the Chief, Mass Media Bureau:

     1.  The Commission, by the Chief, Mass Media Bureau, acting pursuant to authority
delegated by Section 0.283 of the Commission's Rules, has before it for consideration (1) a Notice
of Apparent Liability, 10 FCC Rcd 11006 (MMB 1995), assessing a forfeiture of $5,000 against
Northern Colorado Radio, Inc. (Northern), licensee of Station KUAD-FM, Windsor, CO, for
violation of Section 317 of the Communications Act of 1934, as amended, and Section 73.1212 of
the Commission's Rules (sponsorship identification), (2) a Memorandum Opinion and Order, 11
FCC Rcd 4626 (MMB 1996), affirming the forfeiture, and (3) a Petition for Reconsideration of the
Memorandum Opinion and Order filed by Northern.  

     2.  Northern argues that its announcements included an "800" telephone number that,  if
called, would have lead the listener to the sponsoring company.  Our rule, however, requires on-air
notice that broadcast matter has been sponsored, and by whom.  Even assuming that the "800"
number constituted notice of sponsorship, we have no evidence that the number provided the identity
of the sponsor.  We therefore affirm the finding of a violation.

     3.  Northern also complains that the forfeiture assessed lacks a rational basis.  We have
considered the factors set forth in Section 503(b)(2) of the Act, taking into account the nature,
circumstances, extent and gravity of the violation, and have reviewed applicable precedent.  The
licensee has established a history of compliance with Commission Rules and policies and it also
voluntarily withdrew the announcements prior to our involvement.  In a recent case involving a
similar rule violation, we assessed a $3,000 forfeiture for the broadcast of an announcement that did
not identify the sponsor.  WTOP License Limited Partnership, DA 96-991, released July 3, l996. 
We also found therein that mitigating factors were present because the licensee had a history of
compliance and had aired a tag line stating that the messages were commercial in nature.  We find
a similar forfeiture amount to be appropriate here.  Accordingly, we assess a forfeiture of $3,000.

     4.  Accordingly, IT IS ORDERED, that the Petition for Reconsideration filed by Northern
Colorado Radio, Inc., licensee of Station KUAD-FM, Windsor, CO, IS DENIED.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Roy J.. Stewart
                         Chief, Mass Media Bureau