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

In the Matter of                  )
                                 )
Clarke Broadcasting Corporation   )    File Number:  EB-01-SF-468
Licensee of Station KTIQ(AM)      )    NAL/Acct. No. 200232960001
Merced, California                )    FRN 0003-7254-54
Facility ID # 87180               )
                                 )


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  August 30, 
                                             2002

By the District Director, San Francisco Office, Enforcement Bureau:


                         I.   INTRODUCTION

1.      In this Notice of Apparent Liability for Forfeiture ("NAL"), 
   we find that Clarke Broadcasting Corporation (``Clarke''), licensee 
   of station KTIQ,1 Merced, California, apparently willfully violated 
   Sections 73.1350(a) and (c), and 73.1400 of the Commission's Rules 
   ("Rules") by failing to provide adequate transmitter control.  We 
   further find that Clarke apparently willfully and repeatedly 
   violated 73.1560(a) and 73.1745(a) of the Rules by failing to 
   maintain proper authorized power.2  We conclude, pursuant to 
   Section 503(b) of the Communications Act of 1934, as amended 
   ("Act"),3 that Clarke is apparently liable for a forfeiture in the 
   amount of seven thousand dollars ($7,000).


                          II.     BACKGROUND


2.      On August 24, 2001, the Federal Communication Commission 
   (``FCC'') San Francisco Office received a complaint that station 
   KTIQ was causing interference to the reception of KXOL in Brigham 
   City, Utah, by apparently operating with daytime power after 
   sunset.  Station KTIQ is authorized to operate on frequency 1660 
   kHz with a nominal daytime power of 10.0 kW and a nominal nighttime 
   power of 1.0 kW, using a non-directional antenna during both 
   modes.4  According to the terms of the license, the average hour of 
   sunset for November, after which KTIQ was required to operate 
   pursuant to its nighttime authority, was 4:45 p.m. Pacific Standard 
   Time (non-advanced) (``PST'').

3.      On eight different days in the month of November in 2001, 
   Agents from the San Francisco Office monitored the on-air signal of 
   KTIQ from approximately 4:30 p.m. to 5:00 p.m.  The Agents 
   determined that on all eight days of monitoring the station's 
   antenna-input power was not lowered at the average local sunset 
   time (4:45 PM).  And, more specifically, on four of the days, 
   November 13, 22, 23, and 29, 2001, the field intensity level had 
   not decreased at all by 5:00 p.m. when monitoring ended.

4.      On December 4, 2001, San Francisco Office Agents inspected 
   station KTIQ's transmitter site near Bert Crane Road, Atwater, 
   California and studio at 514 E. Bellevue Road, Atwater, California.  
   The inspection revealed that the station was being operated 
   manually and that during certain weekend and holiday periods the 
   station had been operated unattended.  The station log indicated 
   that station personnel did not reduce the antenna-input power at 
   the specified sunset time on numerous occasions during the month of 
   November, and that the power had not been reduced at all during 
   four consecutive days when all station personnel were on leave.  

5.      The inspection also revealed that the station's remote control 
   system was not programmed to alert the operator of any out of 
   tolerance condition.  The remote control system was also not 
   calibrated accurately, resulting in antenna-input power of less 
   than 90% of authorized power.  The station's carrier frequency 
   exceeded the authorized frequency by twenty-two Hertz.  The station 
   log showed that the chief operator had reviewed the log, but failed 
   to initiate steps to determine the cause of the out of tolerance 
   conditions and to maintain the antenna-input power within its 
   limits. 

6.      On February 13, 2002, the San Francisco Office issued a Notice 
   of Violation (``NOV'') to Clarke for the violations detected during 
   the on-air monitoring in November and the December 4, 2001 
   inspection.  The NOV included violations for, among others, failure 
   to switch to and operate in nighttime mode at sunset, failure to 
   establish monitoring procedures and schedules to determine 
   compliance with the operating power requirements (the remote 
   control system had not been programmed to alert operators of out of 
   tolerance conditions), failure to calibrate the remote meter (the 
   remote control reading for antenna-input power was 17.1% low), 
   failure to maintain the carrier frequency within the authorized 
   tolerance of 20 Hz (the operating frequency was measured 22 Hz 
   high), failure to maintain antenna-input power within authorized 
   tolerance (the antenna-input power was found to be 87.3% of 
   authorized power), and failure of the chief operator to maintain 
   supervisory oversight of the station operation.

7.      On March 6, 2002, Clarke submitted a reply to the NOV.  Clarke 
   stated that the station had been reconfigured so that the switch to 
   and from nighttime power is now accomplished automatically rather 
   than manually, had programmed the remote control system to alert 
   the station's Chief Engineer at his cellular telephone and pager of 
   out-of- tolerance conditions at the station, had calibrated the 
   remote control systems meter to indicate true operating power, and 
   a consulting engineer had adjusted the carrier frequency to within 
   tolerance.  The response indicated that the chief operator had been 
   replaced and the new chief operator was performing frequent 
   inspection of the automated system to insure proper operation.                         III.   DISCUSSION

8.      Section 503(b) of the Act provides that any person who 
   willfully and repeatedly fails to comply substantially with the 
   terms and conditions of any license, or willfully and 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.  The term "willful" as 
   used in Section 503(b) has been interpreted to mean simply that the 
   acts or omissions are committed knowingly and the term ``repeated'' 
   means the commission or omission of such act more than once or for 
   more than one day.5 

9.      A broadcast station licensee is responsible for maintaining 
   and operating the station in compliance with the technical rules 
   and in accordance with the terms of the station license.  Licensees 
   must not exceed operating power limits or operate in daytime mode 
   beyond local sunset time.  In particular, Section 73.1745(a) states 
   in part that, ``[n]o broadcast station shall operate at times, or 
   with modes or power, other than those specified and made part of 
   the license....'' and Section 73.1560(a)(1) and (2) of the Rules 
   states in part that, ``the antenna-input power of an AM station as 
   determined by the procedures specified in  73.51 must be 
   maintained as near as is practicable to the authorized antenna-
   input power and may not be less than 90% or more than 105% of the 
   authorized power....Whenever the transmitter of an AM station 
   cannot be placed into the specified operating mode at the time 
   required, transmissions must be immediately terminated....''  On 
   November 6, 7, 13, 21, 22, 23, 28, and 29, 2001, KTIQ exceeded 
   power limits by operating with daytime power (10 kW) after the 
   specified local sunset time.  On November 13, 22, 23, and 29, 2001, 
   the station operated at least 15 minutes beyond sunset time based 
   on FCC observations.  During the period November 22-25, 2001, the 
   station was operated unattended because all station personnel were 
   on leave during the holiday period, and the operating modes were 
   not being changed during this period because the station was 
   configured for manual mode changes.  

10.     Licensees must maintain adequate control of the station 
   transmitter.  Section 73.1350(a) of the Rules states in part that, 
   ``[e]ach licensee is responsible for maintaining and operating its 
   broadcast station in a manner which complies with the technical 
   rules...and...with the terms of the station authorization.''  
   Section 73.1350(c)(1) and (2) of the Rules states in part that, 
   ``[t]he licensee must establish monitoring procedures and schedules 
   for the station....Monitoring procedures and schedules must enable 
   the licensee to determine compliance with  73.1560 regarding 
   operating power and AM station mode of operation...''  Section 
   73.1400 states in part that, ``[t]he licensee of an AM...station is 
   responsible for assuring that at all times the station operates 
   within tolerances specified by applicable technical rules contained 
   in this paragraph and in accordance with the terms of the station 
   authorization...''  In general, this section permits any method or 
   level of transmission system monitoring and supervision that 
   precludes out-of-tolerance operation.  KTIQ's remote control system 
   had not been programmed to alert the operator of out of tolerance 
   conditions, the remote control system was not calibrated to provide 
   accurate indications of antenna-input power, the station's carrier 
   frequency was beyond authorized tolerance, and the chief operator 
   had failed to initiate steps to correct out-of-tolerance conditions 
   noted in the station log on at least ten occasions in November 
   2001.

11.      Based on the evidence before us, we find that Clarke 
   willfully violated Sections 73.1350(a) and (c), and 73.1400 of the 
   Commission's Rules by failing to maintain and operate station KTIQ 
   in a manner which complied with the technical rules and the station 
   license terms, and failing to establish monitoring procedures to 
   insure compliance with the authorized operating power and AM mode 
   of operation.  In addition, we find Clarke willfully and repeatedly 
   violated Sections 73.1560(a) and 73.1745(a) of the Commission's 
   Rules by failing to maintain proper operating power and mode of 
   operation.

12.     The base forfeiture amount set by The Commission's Forfeiture 
   Policy Statement and Amendment of Section 1.80 of the Rules to 
   Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
   Statement"),6 for exceeding power limits is $4,000 and for failure 
   to provide adequate transmitter control 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 Act,7 
   which include the nature, circumstances, extent, and gravity of the 
   violation(s), 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.  Applying the Forfeiture 
   Policy Statement and the statutory factors to the instant case, a 
   $7,000 forfeiture is warranted.  

        
                           IV.  ORDERING CLAUSES

13.     Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of 
   the Communications Act of 1934, as amended, and Sections 0.111, 
   0.311 and 1.80 of the Commission's Rules, CLARKE BROADCASTING 
   CORPORATION, is hereby NOTIFIED of an APPARENT LIABILITY FOR A 
   FORFEITURE in the amount of seven thousand dollars ($7,000) for 
   violations of Sections 73.1350(a) and (c), 73.1400, 73.1560(a) and 
   73.1745(a) of the Rules.8 

14.     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 Clarke Broadcasting Corporation SHALL 
   PAY the full amount of the proposed forfeiture or SHALL FILE a 
   written statement seeking reduction or cancellation of the proposed 
   forfeiture.

15.     Payment of the forfeiture may be made 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 MUST INCLUDE the FCC 
   Registration number (FRN) referenced above and also must note the 
   NAL/Acct. No. referenced in the caption.

16.     The response, if any, must be mailed to Federal Communications 
   Commission, Enforcement Bureau, Technical and Public Safety 
   Division, 445 12th Street, S.W., Washington, D.C. 20554 and must 
   include the NAL/Acct. No. referenced in the caption.

17.     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.  

18.     Requests for payment of the full amount of this Notice of 
   Apparent Liability under an installment plan should be sent to: 
   Chief, Revenue and Receivables Operations Group, 445 12th Street, 
   S.W., Washington, D.C. 20554.9

19.     IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT 
   LIABILITY shall be sent by Certified Mail # 7099 3220 0002 6510 
   8219, Return Receipt Requested, to Clarke Broadcasting Corporation, 
   1175 Fairview Drive, Suite N, Carson City, NV 89701.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Thomas N. Van Stavern
                              District Director, San Francisco Office
_________________________

     1  The station's call sign at the time of inspection was KAXW.  
The call sign change to KTIQ was authorized on February 12, 2002.  For 
ease of reference, the current call sign is used throughout this NAL.

     2  47 C.F.R.  73.1350(a) and (c), 73.1400, 73.1560(a), and 
73.1745(a).

     3 47 U.S.C.  503(b).

     4 Clarke Broadcasting Corporation, Station KAXW (currently KTIQ) 
License File Number BL-20010629ACM, granted September 19, 2001.

     5  47 U.S.C.  503(b).  Section 312(f)(1) of the Act, 47 U.S.C.  
312(f)(1), which applies to violations for which forfeitures are 
assessed under 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).  Section 312(f)(2), which also applies to Section 503(b), 
provides: ``[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.''

     6  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     7  47 U.S.C.  503(b)(2)(D).

     8  47 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 
73.1350(a) and (c), 73.1400, 73.1560(a), and 73.1745(a).

     9  See 47 C.F.R.  1.1914.