Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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

In the Matter of               )     File Number EB-02-KC-757
                              )
Kaspar Broadcasting Co. of     )    NAL/Acct.No. 200332560001
Missouri                       )
                              )             FRN 0003-7474-82
Licensee of AM Radio Station   )
KWRE, in Warrenton, Missouri   )

Frankfort, Indiana




         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                  Released: October 28, 2002

By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we  find  Kaspar Broadcasting  Co.  of  Missouri 
(``Kaspar''), licensee of AM  radio station KWRE, Warrenton, 
Missouri, apparently  liable for a forfeiture  in the amount 
of seven thousand dollars  ($7,000) for willful violation of 
Section  73.49  of   the  Commission's  Rules  (``Rules'').1  
Specifically, we  find Kaspar  Broadcasting Co.  of Missouri 
apparently liable for failing to provide an effective locked 
fence enclosing the base of the station's antenna tower.

                       II.  BACKGROUND

     2.   On   September  11,   2002,  an  agent   from  the 
Commission's Kansas City Field Office inspected station KWRE 
located  in  Warrenton,  Missouri.    The  agent  found  the 
station's antenna tower, which had radio frequency potential 
at the base, enclosed inside  a wooden fence containing wide 
openings  allowing  easy  access  to  the  tower  base.   In 
addition, the gate to the fence was open. 

                      III.  DISCUSSION

     3.  Section  73.49 of  the Rules requires  that antenna 
towers  having  radio frequency  potential  at  the base  be 
enclosed within effective locked fences or other enclosures.  
On  September  11,  2002,  KWRE's antenna  tower  had  radio 
frequency at the  base and was not enclosed  by an effective 
fence.   The  fencing around  the  tower  consisted of  wide 
spaced  lumber capable  of restricting  access by  livestock 
only.   There was  no other  property fencing.   A path  was 
mowed to the  tower allowing easy access to the  tower via a 
gate which was found unlocked and open.

     4.  Based on the evidence before us, we find that on 
September 11, 2002, Kaspar Broadcasting Co. of Missouri 
willfully2 violated Section 73.49 of the Rules by failing to 
provide an effective locked fence enclosing the base of the 
station's antenna tower.

     5.  Pursuant  to Section 1.80(b)(4) of  the Rules,3 the 
base forfeiture  amount for  AM tower fencing  violations is 
$7,000.  Section  503(b)(2)(D) of the Communications  Act of 
1934, as amended (``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.''4  
Considering  the entire  record and  applying the  statutory 
factors   listed  above,   this  case   warrants  a   $7,000 
forfeiture.

                    IV.  ORDERING CLAUSES

     6.  Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 
1.80 of the Rules,6 Kaspar Broadcasting Co. of Missouri is 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE 
in the amount of seven thousand dollars ($7,000) for willful 
violation of Section 73.49 of the Rules, by failing to 
provide an effective locked fence enclosing the base of the 
station's antenna tower.

     7.  IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Kaspar Broadcasting Co. of Missouri SHALL PAY the 
full amount of the proposed forfeiture or SHALL FILE a 
written statement seeking reduction or cancellation of the 
proposed forfeiture.

     8.  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  FRN   and  NAL/Acct.  No. 
referenced in the letterhead above.  Requests for payment of 
the full amount of this NAL 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. 20554.7

     9.  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. and FRN referenced in the letterhead above.

     10.  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.  

     11.  Under  the Small Business Paperwork  Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     12.  IT IS FURTHER ORDERED THAT a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Kaspar Broadcasting Co. of Missouri at 
P. O. Box 545, Frankfort, IN., 46041.



                         FEDERAL COMMUNICATIONS COMMISSION
                         







                              Robert McKinney
                              District Director, Kansas City 
Office
                              Enforcement Bureau

Attachment
_________________________

1 47 C.F.R  73.49.

2 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).
3 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503 (b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.