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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)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: February 29, 2000 Released: February 29,
By the Enforcement Bureau, Seattle Office:
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).
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.
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
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
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
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
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
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
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.