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

In the Matter of                )
                                )
Bronco Broadcasting Co., Inc.   )            
Station KIRL (AM)               )            File No. EB-00-KC-

111
St. Charles, Missouri           )            NAL/Acct.No. X3256-

001

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released:  August 
                                                         31, 2000

By the Enforcement Bureau, Kansas City Field Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Bronco Broadcasting,  Co., Inc. (``Bronco''),  licensee 
of station  KIRL  (AM),  St. Charles,  Missouri,  has  apparently 
violated   sections   11.35(a),    73.61(a),   73.62(b)(3)    and 
73.3526(e)(12) of the Commission's Rules (``Rules'') for  failure 
to  make  appropriate  entries  in  the  broadcast  station   log 
indicating the reasons  why tests of  the Emergency Alert  System 
(EAS) were  not received,  for failure  to make  field  intensity 
measurements at each designated monitoring point location on  the 
KIRL  nighttime  directional  array  as  often  as  necessary  to 
maintain compliance with the  station authorization, for  failure 
to lower power  or terminate operation  when the field  intensity 
did exceed  the maximum  authorized  field intensity  at  several 
monitoring points on  the KIRL nighttime  directional array,  and 
for failure to  compile a list of programs that have provided the 
station's most  significant treatment  of community  issues  each 
calendar quarter.1  We conclude that Bronco is apparently  liable 
for  forfeiture  in  the  amount  of  fifteen  thousand   dollars 
($15,000).

                         II.  BACKGROUND
 
     2.   On May  8,  1998,  Bronco  Broadcasting  Co.,  Inc.  as 

licensee of radio station KIRL, St. Charles, Missouri, was issued 

a  Forfeiture  Order  (NOF),  NAL/Acct.  No.  815KC0001,  by  the 

Commission's Compliance and Information Bureau, in the amount  of 

$7,000  for  willful  and   repeated  violations  of  47   C.F.R. 

73.62(b)(3).  The NOF  was issued for  the repeated and  ongoing 

out-of-tolerance condition  of  the  KIRL  nighttime  directional 

operation.
      
     3.   On April  1, 1999,  Bronco Broadcasting  Co., Inc.,  as 

licensee of radio station KIRL, St. Charles, Missouri, was issued 

a Notice  of  Violation (NOV)  by  the Commission's  Kansas  City 

Office  for   violation   of   47  C.F.R.   11.35,   73.61   and 

73.3526(e)(12).  The  NOV  was  issued after  a  March  24,  1999 

inspection by FCC Agent Brad  Gilliland determined that the  KIRL 

station  logs  documented  missing  EAS  tests  with  no  reasons 

explaining why the  tests were missing.   Measurements found  the 

field intensity at  4 out  of 5 designated  monitoring points  to 

exceed  the  maximum  specified  for  the  nighttime  directional 

operation.  In addition, the inspection found no  issues-programs 

listing in the KIRL public inspection file.

     4.   On August  4, 2000,  broadcast radio  station KIRL  was 

inspected by FCC Agents Brad  Gilliland and Ronald Ramage of  the 

Enforcement Bureau  (EB)  Kansas City  Office.   This  inspection 

found violations  pertaining to  station  logs, failure  to  take 

field intensity  measurements,  operation  with  excessive  field 

intensity, and failure to maintain an issues-programs listing [47 

C.F.R. 11.35(a),  73.61(a),  73.62(b)(3)  and  73.3526(e)(12)].  

The station  logs  documented EAS  tests  from only  one  of  two 

required sources with  no explanation  as to why  the tests  were 

missing.  During the inspection  the station's contract  engineer 

stated that the KIRL nighttime power needed to be reduced to  55% 

of authorized  power to  maintain  the field  intensities  within 

authorized limits.  However, the  station was maintaining 95%  of 

authorized power and 4 out of 5 monitoring points were found with 

excessive field intensity.  The issues-programs listing were  not 

being compiled  according  the  station  office  manager  and  no 

listing was found  in the  public inspection file.   A Notice  of 

Violation was issued to Bronco for these violations on August 10, 

2000 requiring a response within  10 days.  A signed receipt  was 

returned by the  U.S. Postal service  indicating delivery of  the 

NOV on August 12,  2000.  No reply to  the NOV was received  from 

the licensee  to that  NOV as  of  the date  of release  of  this 

Notice.

 

                        III.  DISCUSSION


     5.   Section 11.35(a) states  that  ``...broadcast  stations 
must determine the cause of  any failure to receive the  required 
tests or  activation's  specified  in    11.61(a)(1)  and  (2).  
Appropriate  entries  must  be  made  in  the  broadcast  station 
log...indicating reasons why any tests were not received.''2   At 
the time of the  inspection on August 4,  2000, the KIRL  station 
logs for the period of July  16 - August 3 documented receipt  of 
EAS tests from only the  National Weather Service.  The logs  did 
not contain the  reasons why  the station had  failed to  receive 
required EAS  tests  from  their  second  required  source.   The 
inspection on March 24, 1999 noted the same violation.


     6.   Section 73.61(a) states that ``Each AM station using a 
directional antenna must make field strength measurements at the 
monitoring point locations specified in the instrument of 
authorization, as often as necessary to ensure that the field at 
those points does not exceed the values specified in the station 
authorization.''3 During the inspection on August 4, 2000, the 
field intensity was measured to be in excess of the maximum 
authorized at 4 out of the 5 monitoring point locations specified 
on the KIRL station authorization.  The station engineer, Jack 
Leverich, stated that power must be maintained at approximately 
55% of authorized power to maintain field intensities within 
licensed maximums.  The KIRL station logs for July 16 - August 3 
show power being maintained at or near, 95% of authorized 
nighttime power.  No indication of reduced power during this 
period was found.  It was unknown when the station engineer had 
taken field intensity measurements prior to the inspection, but 
it was believed to be some time in early July 2000.  The FCC 
inspection of the station on March 24, 1999 found excessive field 
intensity at 4 out of 5 nighttime monitoring points.



     7.   Section 73.62(b)(3) states that ``If any monitoring 
point exceeds its specified limit, the licensee must either 
terminate operation within 3 hours or reduce power in accordance 
with the applicable provisions of 73.1350(d), in order to 
eliminate any possibility of interference or excessive radiation 
in any direction.''4  During the inspection on August 4, 2000, 
the measured  field intensity at 4 out of 5 designated nighttime 
monitoring points exceeded the maximum allowed under the 
station's authorization.  According to KIRL station engineer, 
Jack Leverich, the nighttime power must be lowered to 55% of 
authorized to maintain monitoring points within the licensed 
maximums.  During the period of July 16 - August 3, 2000 the 
nighttime power was being maintained at, or near, 95% of 
authorized power.  The NOF issued to Bronco on May 8, 1998 was 
for the same violation pertaining to the same ongoing out-of-
tolerance condition of the KIRL nighttime directional operation.  
The FCC inspection on March 24, 1999 found excessive field 
intensity at 4 out of 5 monitoring points.

     8.   Section 73.3526(e)(12) states that ``For commercial AM 
and FM broadcast stations, 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 
list for each calendar quarter is to be filed by the tenth day of 
the succeeding calendar quarter (e.g., January 10 for the quarter 
October-December, April 10 for the quarter January-March, etc.).  
The list shall include a brief narrative describing what issues 
were given significant treatment and the programming that 
provided this treatment.  The description of the programs shall 
include, but shall not be limited to, the time, date, duration, 
and title of each program in which the issue was treated.''5  The 
inspection on August 4, 2000 determined that the last issues-
programs listing found in the station's public inspection file 
was dated in calendar year 1993.  The FCC named this as one of 
the violations's specified in the NOV issued to Bronco on April 
1, 1999.


     9.   Based on the  evidence before us,  we find that  Bronco 

willfully6  and/or   repeatedly   violated   Sections   11.35(a), 

73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Rules.   Pursuant 

to The Commission's Forfeiture Policy Statement and Amendment  of 

Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 

Guidelines, 12 FCC Rcd  17087 (1997), recon.  denied, 15 FCC  Rcd 

303 (1999) (``Forfeiture Policy Statement''), the base forfeiture 

amount for failure  to maintain required  records pertaining  the 

reasons why EAS tests are not being received is $1,000, the  base 

forfeiture amount for  failure to make  required field  intensity 

measurements as  often as  necessary  to maintain  compliance  is 

$2,000, the  base  forfeiture  amount  for  failure  to  maintain 

directional pattern within  prescribed parameters  is $7,000  and 

the base forfeiture amount for failure to file quarterly  issues-

programs listings in  the public inspection  file is $3,000.   In 

assessing the monetary forfeiture amount, we must also take  into 

account the statutory factors  set forth in Section  503(b)(2)(D) 

of the Communications  Act of 1934  (``Act''), as amended,  which 

include the  nature, circumstances,  extent, and  gravity of  the 

violation(s), 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.7  Taking these factors 

into account, we note that Bronco has a history that demonstrates 

a lack of compliance, especially with regards to their  nighttime 

directional operation.   The KIRL  nighttime operation  has  been 

cited  on   several  previous   occasions  for   out-of-tolerance 

operation and the problem appears to be ongoing.  Because of this 

an increase  in the  forfeiture amount  for failure  to  maintain 

directional pattern within  prescribed parameters  to $14,000  is 

warranted.  However, we also  note that in  response to the  NOF, 

Bronco provided sufficient evidence that it was a small business.   

Since there  is no  indication that  Bronco's status  as a  small 

business has changed,  and after applying  all of the  Forfeiture 

Policy Statement and  statutory factors  to the  instant case,  a 

$15,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 

Rules,9 Bronco Broadcasting Co., Inc., is hereby NOTIFIED of  its 

APPARENT LIABILITY  FOR A  FORFEITURE in  the amount  of  fifteen 

thousand  dollars  ($15,000)  for  violating  Sections  11.35(a), 

73.61(a), 73.62(b)(3) and 73.3526(e)(12) of the Rules, 47  C.F.R. 

 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12).

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules,10  within thirty  days  of the  release date  of  this 
NOTICE OF  APPARENT  LIABILITY, Bronco  Broadcasting  Co.,  Inc., 
SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 
FILE a written statement seeking reduction or cancellation of the 
proposed forfeiture.

     12.  Payment of the  forfeiture may be  made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  by mailing  a  check or  similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. X3256-001.

     13.  The response, if any, must  be mailed to Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W., Washington, D.C.  20554, ATTN: Enforcement  Bureau -  TPSD, 
NAL/Acct. No.  X3256-001,  and  must include  the  NAL/Acct.  No. 
X3256-001.

     14.  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; 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.




     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
S.W., Washington, D.C. 20554.11

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Bronco Broadcasting Co., Inc., 3713 Hwy  94 
N., St. Charles, Missouri  63301.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Robert C. McKinney
                         District Director
                                Kansas City Office
_________________________

1 47 C.F.R. 11.35(a), 73.61(a), 73.62(b)(3) and 73.3526(e)(12)

2 47 C.F.R. 11.35(a)

3 47 C.F.R. 73.61(a)

4 47 C.F.R. 73.62(b)(3)

5 47 C.F.R. 73.3526(e)(12)

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

7 47 U.S.C.  503(b)(2)(D); see also Forfeiture Policy Statement, 
12 FCC Rcd at 17100-01 (discussion of upward 

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 47 C.F.R.  1.80.

11 See 47 C.F.R.  1.1914.