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

In the Matter of                 )
                                )
Barnstable Broadcasting, Inc.    )       File Number EB-01-KC-678
dba Two Rivers Broadcasting      )       NAL/Acct.No.20013256-003
Limited Partnership              )
FM Broadcast Station KGGO        )
FM Broadcast Station KJJY        )
Antenna Registration #1028734    )
Newton, MA




           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  August 3, 2001

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  that  Barnstable   Broadcasting,  Inc.    dba  Two   Rivers 
Broadcasting  Limited  Partnership  apparently  violated  Section 
11.35(a), and 17.51(b) of the Commission's Rules,1 by failing  to 
determine and  log  the reasons  why  EAS tests  were  not  being 
received on both  KGGO and KJJY,  and by failing  to comply  with 
proscribed  lighting   on   the  KGGO   tower   bearing   antenna 
registration #1028734.  We conclude that Barnstable Broadcasting, 
Inc.  dba  Two   Rivers  Broadcasting   Limited  Partnership   is 
apparently liable  for  a forfeiture  in  the amount  of  sixteen 
thousand dollars ($16,000).



                         II.  BACKGROUND

     2.   On  March  28,   2001,  the  FCC   issued  Two   Rivers 
Broadcasting Limited  Partnership (``Two  Rivers'') a  Notice  of 
Violation after a March 20,  2001, inspection of broadcast  radio 
station  KRKQ(FM),  Boone,  IA,   found  the  licensee  was   not 
determining or logging  the reasons  why tests  of the  Emergency 
Alert System (EAS) were not being received.

     3.   On April 13, 2001, Two  Rivers submitted a response  to 
the NOV  indicating that  steps  had been  taken to  correct  the 
violation.
     4.   On May 9,  2001, the  FCC received a  complaint from  a 
citizen concerning ongoing outages of several strobe lights on an 
antenna structure  located  near Altoona,  Iowa.   The  complaint 
indicated that the  lighting had been  going out one  light at  a 
time over a two month period.   That structure was determined  to 
be a  1046 ft  tower, bearing  registration number  #1028734  and 
utilized by radio station KGGO.   The structure was owned by  Two 
Rivers.   At  approximately  3:15 PM  on  May 9,  2001,  the  FCC 
telephoned station KGGO and notification  was made of the  outage 
to Mr. Kim Jones, manager, KGGO. 

     5.   On May 10,  2001, Mr.  Jones notified  the FCC,  Kansas 
City Office that 4  out of 12 strobe  lights on the KGGO  antenna 
structure were out of operation.  Notification to the FAA of  the 
outage was  made  on this  date  by station  employee,  Mr.  Jack 
O'Brien, several hours after the FCC contacted the station  about 
the outage.

     6.   On May 23, 2001, Two Rivers, acting on a verbal request 
from FCC Kansas City,  provided an incident  report on the  tower 
light outage.  The  report stated  that the  auto reporting  unit 
began providing  intermittent,  inconsistent indications  of  the 
tower lighting a few months earlier, but no visual inspection  of 
the tower lighting was  made until May 9,  2001.  In the  letter, 
the licensee  admitted they  failed to  detect and  expeditiously 
correct the lighting, that they failed  to inform the FAA of  the 
outage and that they  failed to make  proper log notations.   The 
reply stated that the lighting had been repaired on May 22, 2001.   
On this same date Ms. Diana Ragas, Barnstable,  submitted a faxed 
letter to the  FAA stating  that the  repairs had  been made  and 
confirming a previous  telephone notification made  at 3:20  p.m. 
this date.

     7.   On May  29, 2001,  an  FCC Agent,  Enforcement  Bureau, 
Kansas City Office, inspected Two Rivers co-located stations KGGO 
and KJJY, both with studios in Urbandale, Iowa.  This  inspection 
determined the following:
         Both stations  are  assigned  to  monitor  WHO(FM)  and 
          WOI(FM) for EAS activations.

         No EAS activations  had been received  by station  KGGO 
          from WHO(FM) during the 6 week period of April 8 -  May 
          29, 2001.   No EAS  activations  had been  received  by 
          station KJJY from WHO(FM) during  the 3 week period  of 
          May 8 - May 29, 2001. 

         No EAS activations  had been received  by station  KGGO 
          from WOI(FM) during the 3 week period of April 8 -  May 
          10, 2001.   No EAS  activations  had been  received  by 
          station KJJY from WOI(FM) during  the 4 week period  of 
          April 27 - May 29, 2001.

         A review of station  logs for period of  April 1 -  May 
          29, 2001 found no documentation indicating the  reasons 
          why the EAS tests were not received. 

         The automatic alarm system  for KGGO antenna  structure 
          #1028734  was  incapable  of  providing  light  failure 
          indications during period starting  some time prior  to 
          December 26, 2000 - May 22,  2001.  Some or all of  the 
          strobed lighting  did  not  include  necessary  circuit 
          boards to provide  a failure  indication.   No  routine 
          visual    observations were being made of the  lighting 
          during this same period.  No  inspections  were   being 
          made of the lighting alarm system during this period.

         Engineering logs found at the KGGO  transmitter/antenna 
          site indicate  that on  March 10,  2001, at  least  two 
          lights were observed by  the station engineer as  being 
          out.  The station  engineer called a  tower company  in 
          attempt to get service, but  no call was placed to  the 
          FAA to notify them of  the outage according to  station 
          management and engineering staff.

         Station logs for KGGO indicate that FAA was notified on 
          May 9,  2001.  No  time is  given and  no signature  or 
          other notation was found to  indicate who made the  log 
          entry.

         Stations KGGO, KJJY  and three other  co-owned and  co-
          located stations in this  group were operating under  a 
          time marketing agreement  with Wilks Broadcasting  LLC. 
          (``Wilks'') per agreement  dated March  19, 2001.    At 
          time of  inspection  Two Rivers  maintained  a  manager 
          responsible for accounts receivable and a receptionist.  
          All station operation, other than accounts  receivable, 
          were under the direction and oversight of Wilks.

     8.   On June 18, 2001, FCC Kansas City issued an NOV to  Two 
Rivers for  the  violations detected  during  the May  29,  2001, 
inspection.   Violations  included  47  C.F.R.     11.61(a)(2), 
11.35(a),  17.47(a)(1),   17.47(a)(2),   17.47(a)(3),   17.48(a), 
17.49(a-d), 73.1350(c)(1), 73.1350(c)(2), 73.1800(a), 73.1820(a), 
73.1820(a)(1), 73.1820(a)(1)(iii), and 73.1870(c)(3).

     9.   On June  6, 2001,  Two Rivers  submitted  documentation 
supporting their  claim  that they  were  the owners  of  antenna 
structure #1028734.  The structure was acquired by Two Rivers  as 
part of an asset  exchange agreement dated  March 7, 2000.    Two 
Rivers made application to  the FCC on June  6, 2001 to have  the 
ownership of the  structure changed to  reflect their  ownership.  
According to  Two  Rivers,  they had  overlooked  the  change  in 
structure ownership when they acquired station KGGO.

     10.  On July 13,  2001, Two Rivers  submitted a response  to 
the NOV of June  18, 2001.  The response  stated that as of  June 
21, 2001,  Two  Rivers  had  consummated  the  sale  of  stations 
KGGO(FM), KJJY(AM), KBGG(AM),  KHKI(FM), and  KRKQ(FM) to  Wilks.  
With regards  to  the  violations  the  reply  stated  the  board 
operators are Wilks employees who did not determine why EAS tests 
were not  being  received  and  who  did  not  make  log  entries 
concerning the missing tests.  The letter stated that the FAA was 
not notified  within  thirty  minutes  of  the  observations  and 
notifications of  the tower  light  outages because  the  station 
staff was  unaware of  the  rule.   The  reply also  stated  that 
Barnstable Broadcasting,  Inc.  (``Barnstable''),  is  the  group 
owner of Two Rivers.



                        III.  DISCUSSION

     11.  47 U.S.C.    11.35(a): Stations  are  responsible  for 
ensuring that  EAS encoders,  EAS Decoders  and Attention  Signal 
generating and receiving equipment  used as part  of the EAS  are 
installed so that the  monitoring and transmitting functions  are 
available  during  the  times  the  stations  are  in  operation.  
Additionally, stations must determine the cause of any failure to 
receive the required tests  or activations.  Appropriate  entries 
must be made in the broadcast station log indicating reasons  why 
tests were not received.





     12.  Based on the  evidence before us,  we find that  during 
the period of April  8 - May  29, 2001, Barnstable  Broadcasting, 
Inc.  dba Two Rivers Broadcasting Limited Partnership repeatedly2 
and willfully3 violated Section 11.35(a) of the rules by  failing 
to determine and  log the reasons  why EAS tests  were not  being 
received from each of its two assigned monitoring sources.

     13.  47 U.S.C.   17.51(b):  All high  intensity and  medium 
intensity obstruction  lighting shall  be exhibited  continuously 
unless otherwise specified.

     14.  Based on the  evidence before us,  we find that  during 
the period of March  10 - May  9, 2001, Barnstable  Broadcasting, 
Inc. dba Two Rivers  Broadcasting Limited Partnership  repeatedly 
and willfully violated Section 17.51(b)  of the rules by  failing 
to maintain all lighting in operational condition and failing  to 
notify the Federal Aviation Administration of any light outages.

     15.  Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this  notice  is  $10,000  for  failure  to  maintain  prescribed 
obstruction lighting, and $1,000 for failure to determine and log 
the reasons  why EAS  tests were  not being  received.4   Section 
503(b)(2)(D) of the Act  requires us to  take into account  ``... 
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.''5  
Taking these factors into account we note that the licensee has a 
history of violations as noted in the NOV issued to Two Rivers on 
March 28, 2001. Furthermore both violations continued for several 
weeks.   Based  on the  safety nature  of light  outages and  the 
potential harm to  aviators caused by  the licensee's failure  to 
notify the  FAA  of  the  outages and  based  on  the  adjustment 
criteria listed above, the  forfeiture amount for that  violation 
warrants an increase to  $15,000.  Considering the entire  record 
and applying  the  statutory  factors  listed  above,  this  case 
warrants a $16,000 forfeiture.









                      IV.  ORDERING CLAUSES

     16.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,6  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  Rules,7 
Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited 
Partnership is hereby  NOTIFIED of its  APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of sixteen  thousand dollars  ($16,000) 
for willful  and  repeated  violation of  Sections  11.35(a)  and 
17.51(b) of the Commissions Rules.8

     17.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules9, within thirty  days of the release  date 
of this NOTICE  OF APPARENT  LIABILITY, Barnstable  Broadcasting, 
Inc.  dba Two Rivers  Broadcasting Limited Partnership SHALL  PAY 
the full  amount of  the  proposed forfeiture  or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     18.  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. referenced in the letterhead above.

     19.  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 in the letterhead above.

     20.  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.  

     21.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10 





     22.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT  LIABILITY 
shall be  sent  by Certified  Mail  Return Receipt  Requested  to  
Barnstable Broadcasting, Inc. dba Two Rivers Broadcasting Limited 
Partnership at 2 Newton Executive Park, Newton, MA  02162.



                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Robert C. McKinney
                              District   Director,    Enforcement 
Bureau
                              Kansas City Office
_________________________

1 47 C.F.R  11.35(a), 17.47(a) and 17.48(a).
2 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''
3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
4 47 C.F.R.  1.80(b)(4)
5 47 U.S.C.  503 (b)(2)(D)
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 47 U.S.C.  11.35(a), 17.47(a), 17.48(a) 
9 47 C.F.R.  1.80.
10 See 47 C.F.R.  1.1914.