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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-425
KGGF-KUSN, Inc. ) NAL/Acct. No.200232560015
Licensee of KGGF-FM at Fredonia, )
Kansas ) FRN 0002534055
Springfield, Missouri )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 12, 2002
By the Enforcement Bureau, Kansas City Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find KGGF-KUSN, Inc., licensee of radio station
KGGF-FM, Fredonia, Kansas, apparently liable for a forfeiture in
the amount of seven thousand dollars ($7000) for willful and
repeated violation of Section 73.1125(a) of the Commission's
Rules (``Rules'').1 Specifically, we find KGGF-KUSN, Inc.
apparently liable for not maintaining a presence at its main
studio during normal business hours.
2. On June 5, 2002, at 4:15 P.M. local time, an agent of
the Commission's Kansas City Field Office (``Kansas City
Office'') attempted an inspection of radio station KGGF-FM's main
studio located at 200 Arco Place, Suite 345, Independence,
Kansas. The main studio office doors were locked and no lights
were visible. There were no office hours denoted on the doors
and no indication of why the office was closed. The agent called
the listed telephone number for KGGF-FM and received no answer.
3. On June 6, 2002, at 8:40 A.M. local time, the agent
again telephoned the station and received no answer. The agent
called again at 9:01 A.M. A man answered identifying as ``KGGF-
4. Still on June 6, 2002 at 11:15 A.M. local time, the
agent went to the KGGF-FM main studio and found the office doors
locked and no lights visible. There were no notes on the doors
explaining why the main studio was closed. The agent returned
at 12:30 P.M. with the same results as previous visits.
5. On June 10 and 11, 2002, another agent of the Kansas
City Office interviewed, via telephone, Mr. John Leonard, the
general manager for KGGF/KKRK/KUSN/KGGF-FM. Mr. Leonard
confirmed the agent had the correct address and telephone number
for the KGGF-FM main studio and further stated that the office
hours for the KGGF-FM studio were 8 A.M. to 5 P.M. Monday through
Friday. Mr. Leonard called the agent back later stating that the
KGGF-FM studio was not staffed ``fulltime.'' On June 12, 2002,
Mr. Leonard faxed to the Kansas City Office a staffing schedule
for KGGF-FM covering the previous week. The schedule showed only
one person at the studio during the previous week and that person
was never present after 10:00 A.M.
Section 73.1125(a) requires the licensee of a broadcast
station to maintain a main studio at one of the following
locations: (1) within the station's community of license; (2) at
any location within the principal community contour of any AM,
FM, or TV broadcast station licensed to the station's community
of license; or (3) within twenty-five miles from the reference
coordinates of the center of its community of license. In
adopting the main studio rules, the Commission explicitly
informed permittees and licensees that compliance with the main
studio rules required maintenance of a meaningful staff and
management presence,2 stating:
A station must maintain a main studio which has
the capability adequately to meet its function, as
discussed above, of serving the needs and interests of
the residents of the station's community of license.
To fulfill this function, a station must equip the main
studio with production and transmission facilities that
meet applicable standards, maintain continuous program
transmission capability, and maintain a meaningful
management and staff presence. Maintenance of
production and transmission capability will allow
broadcasters to continue, at their option, and as the
marketplace demands, to produce local programs at the
studio. A meaningful management and staff presence
will help expose stations to community activities, help
them identify community needs and interests and thereby
meet their community service requirements.3
Subsequently, in its decision in Jones Eastern of the Outer
Banks, Inc. (``Jones Eastern''),4 the Commission further
clarified the concept of a meaningful management and staff
presence. The Commission specified that, at a minimum, a main
studio must maintain full-time managerial and full-time staff
personnel.5 The Commission also stated that licensees need not
have the same staff person and manager at the studio, as long as
there was management and staff presence there during normal
business hours.6 With respect to management personnel, the
Commission further clarified that they need not be ``chained to
their desks'' but that they would be required to report to work
at the main studio on a daily basis, spend a substantial amount
of time there, and use the main studio as their ``home base.''7
On June 5, 2002 and June 6, 2002, KGGF-KUSN, Inc. did not
maintain a presence at the main studio of KGGF-FM during normal
business hours. The main studio was completely unattended on
June 5, 2002, from 4:15 P.M. to 4:45 P.M local time, and on June
6, 2002, at 8:40 A.M., 11:15 A.M. and 12:30 P.M. local time.
KGGF-FM's own staffing schedule for the previous week showed the
main studio completely unattended for most of the business day
during that week.
6. Based on the evidence before us, we find KGGF-KUSN,
Inc. willfully8 and repeatedly9 violated Section 73.1125(a) of
the Rules by failing to maintain a presence at the main studio of
KGGF-FM during normal business hours.
7. Pursuant to Section 1.80(b)(4) of the Rules,10 the base
forfeiture amount for violation of main studio rules is $7,000.
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, as amended
(``Act''), which include the nature, circumstances, extent, and
gravity of the violation, 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.11
Considering the entire record and applying the factors listed
above, this case warrants a $7,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80 of the
Rules,13 KGGF-KUSN, Inc. is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of seven thousand
dollars ($7,000) for willful and repeated violation of Section
73.1125(a) of the Rules by failing to failing to maintain a
presence at the main studio of KGGF-FM during normal business
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
KGGF-KUSN, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. 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 should note the
NAL/Acct. No. and FRN referenced above. Requests for payment of
the full amount of this NAL under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.14
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division and MUST INCLUDE THE NAL/Acct.
No. referenced above.
12. 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
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to KGGF-KUSN, Inc., P.O. Box 4584, Springfield, Missouri 65808.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, Kansas City Office,
1 47 C.F.R. § 73.1125(a)
2 Main Studio and Program Origination Rules, 3 FCC Rcd 5024
(1988); 53 FR 32899 (August 29, 1988).
3 Id. At 5026 (footnotes omitted).
4 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800 (1992).
5 Id., 6 FCC Rcd at 3616.
6 Id. at n. 2.
7 Id., 7 FCC Rcd at 6802.
8 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 4387-88 (1991).
9 The 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.'' 47 U.S.C. §
10 47 C.F.R. § 1.80(b)(4).
11 47 U.S.C. § 503(b)(2)(D).
12 47 U.S.C. § 503(b).
13 47 C.F.R. §§ 0.111, 0.311, 1.80.
14 See 47 C.F.R. § 1.1914.