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



      In the Matter of                                     
                              )
                              )       File No. EB-00-ST-004     
                              )       NAL/Acct. No. X3298001
REIER BROADCASTING COMPANY, INC.    
                              )
                              )
   Licensee of Station KOBB(AM)                        
                              )
Bozeman, Montana                                              
)






           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  February 29, 2000          Released:   February  29, 
2000 

By the Enforcement Bureau, Seattle Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Reier Broadcasting Company, Inc.,  licensee 
of Station KOBB(AM), Bozeman,  Montana, has apparently  willfully 
violated Section 73.49 of the Commission's Rules1, which requires 
that antenna  towers must  be  enclosed within  effective  locked 
fences.  We  conclude  that  Reier  Broadcasting  Company,  Inc., 
licensee  of  Station  KOBB(AM)   is  apparently  liable  for   a 
forfeiture in the amount of seven thousand dollars ($7,000).

                         II.  BACKGROUND

     2.   On December 28, 1999, the Enforcement Bureau's  Seattle 
Office received a complaint from the owner of the property  where 
KOBB(AM)'s antenna is located,  that the fencing  at the base  of 
KOBB's antenna  tower was  in disrepair  and falling  down.   The 
complainant expressed extreme concern because of the addition  of 
a children's daycare facitility on the property at this location.

     3.   On December 30, 1999, a  Seattle agent left a  detailed 
voice  mail  message  at  KOBB  explaining  the  alleged  fencing 
complaint and requesting a return call.

     4.   On January 3, 2000, the Seattle agent received a return 
call from Mr. Bill Reier of Reier Broadcasting Company, Inc., and 
KOBB(AM).  Mr.  Reier  assured  the  agent  that  the  fence  was 
substantial.  The agent  reminded Mr. Reier  of the  Commission's 
requirements for tower fencing.  As a follow-up, the agent  faxed 
Mr. Reier  a copy  of  47 C.F.R.    73.49 which  addresses  base 
fencing at a series fed AM broadcast antenna tower.

     5.   On January 22,  2000, two Seattle  agents conducted  an 
inspection of the KOBB(AM) antenna site in Bozeman, Montana.  The 
agents found that  the fencing  was old wooden  fencing, most  of 
which, was  rotten and  fallen over  on the  ground, leaving  the 
antenna accessible to the public.  There  did not appear to be  a 
locked gate associated with the  wooden fencing.  There was  some 
temporary orange plastic  net fencing, which  was also  partially 
falling over.   A subsequent  telephone  call from  the  property 
owner, revealed  that he  had installed  the plastic  netting  to 
offer some temporary protection.


                        III.  DISCUSSION

     6.   Section 73.49 of the Commission's rules provides:

     Antenna towers having radio frequency potential at  the 
     base (series fed,  folded unipole,  and insulated  base 
     antennas) must  be  enclosed  within  effective  locked 
     fences or  other  enclosures.   Ready  access  must  be 
     provided to each antenna  tower base for meter  reading 
     and maintenance purposes at all times.

     7.   In  this  case,  it  appears  that  Reier  Broadcasting 
Company, Inc., violated Section  73.49 of the Commission's  rules 
by not providing effective fencing around their antenna.

     8.   We reject the statement of Reier Broadcasting  Company, 
Inc., that the fencing was substantial.  The rules clearly  state 
that the  antenna  must  be  enclosed  and  a  visual  inspection 
indicated that a  major portion  of the  fence was  lying on  the 
ground.

     9.   The Commission assesses  monetary forfeitures  pursuant 
to Section  503(b)  of  the  Act2  and  Section  1.80(a)  of  the 
Commission's  rules3,  which  both  state  that  any  person  who 
willfully or repeatedly  fails to comply  with the provisions  of 
the Communications Act or the Commission's rules shall be  liable 
for a forfeiture  penalty.  For purposes  of Section 503(b),  the 
term ``willful'' means that the violator knew the requirement  of 
the Commission's  rule, but  did not  take corrective  action  to 
comply with the rule.


     10.  Based on the  evidence before  us, we  find that  Reier 
Broadcasting Company, Inc.,  licensee of Station  KOBB(AM) is  in 
apparent willful violation of  Section 73.49 of the  Commission's 
rules.  The Commission's Forfeiture Policy Statement sets a  base 
forfeiture amount of $7,000 for  a violation of Section 73.49  of 
the rules.4

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended5,  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules6,  Reier 
Broadcasting Company,  Inc.,  licensee  of  Station  KOBB(AM)  is 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount of  seven  thousand  dollars ($7,000)  for  violating  the 
provisions of  Section 73.497  of the  Commission's Rules,  which 
requires that AM antenna towers must be enclosed within effective 
locked fences.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules8, that within  thirty days of the  release 
date of  this NOTICE  OF APPARENT  LIABILITY, Reier  Broadcasting 
Company, Inc., SHALL PAY to the United States the full amount  of 
the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     13.  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.  X3298001 
referenced above.

     14.  The response if any must be mailed to the Office of the 
Secretary, Federal Communications  Commission, Mail Stop  1500E3-
DLH,  445  12th  Street,   S.W.,  Washington,  DC  20554,   Attn:  
Enforcement Bureau, and MUST INCLUDE THE NAL/Acct. No. X3298001.

     15.  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.  

     16.  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. 20554.9 

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Reier  Broadcasting Company, Inc.,  at P.O. Box  20, 
Bozeman, Montana 59715.



                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Dennis J. Anderson
                              District Director, Seattle Office
                              Enforcement Bureau

_________________________

1 47 C.F.R  73.49.

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

3 47 C.F.R.  1.80.

4 The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Commission's Rules, 12 FCC Rcd 17087, 17114 
(1997), recon. denied  FCC 99-407 (released December 28, 1999); 
47 C.F.R.  1.80(b).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 47 C.F.R  73.49.

8 47 C.F.R.  1.80.

9 See 47 C.F.R.  1.1914.