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

In the Matter of                  )
                                 )
Simmons-SLC, LS, LLC              )    File Number:  EB-02-DV-076
                                 )    
Licensee of FM Station KJQN       )    NAL/Acct. No. 200332800009
Brigham City, Utah                )    FRN  0004-9693-74
Facility ID #81867                )
                                 )
Licensee of FM Translator         )
Station K264AC                    )
Utah County, Utah                 )
Facility ID #60459



              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released:  January 
                                             6, 2003

By the Acting District Director, Denver Office, Enforcement Bureau:


                         I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we find that Simmons-SLC, LS,  LLC, ("Simmons") licensee of FM station 
KJQN in  Brigham City, Utah,  and translator station K264AC,  in rural 
Utah  County,  Utah,  apparently  willfully  and  repeatedly  violated 
Section  74.1232(d) of  the  Commission's Rules  ("Rules"),1 by  using 
station K264AC to extend the 1  mV/m contour of FM station KJQN beyond 
its authorized  contour.  We conclude,  pursuant to Section  503(b) of 
the  Communications  Act  of  1934,   as  amended,2  that  Simmons  is 
apparently  liable for  a forfeiture  in the  amount of  four thousand 
dollars ($4,000).

                         II.  BACKGROUND

     2.   Station  K264AC is  licensed  to Simmons  and authorized  to 
provide fill-in service for Simmons owned FM station KSFI in Salt Lake 
City, Utah.  Station K264AC is  authorized to provide service to rural 
Utah County and to transmit from West Mountain, approximately 40 miles 
south of downtown Salt Lake City.




     3. On April 10, 2002, the Denver Office received a complaint that 
FM translator station K264AC was transmitting FM station KJQN's signal 
beyond the 1  mV/m contour into areas approximately 50  miles south of 
downtown  Salt Lake  City.  Simmons  also owns  station KJQN  which is 
licensed  to  Brigham City,  Utah,  and  transmits from  Cow  Mountain 
approximately 70  miles north  of downtown Salt  Lake City.   KJQN's 1 
mV/m  contour lies  entirely  north  of downtown  Salt  Lake City  and 
station K264AC's 1  mV/m contour lies entirely south  of downtown Salt 
Lake City.  The  authorized 1 mV/m contours of K264AC  and KJQN do not 
overlap.    

     4. On April 10, 2002, the Denver  Office agent contacted Simmons' 
Director  of  Engineering.   The  engineer admitted  that  K264AC  was 
transmitting the signal of station KJQN rather than KSFI; that station 
K264AC's coverage  contour is  outside of KJQN's  1 mV/m  contour; and 
that station  K264AC had  been operating  with that  configuration for 
approximately 30 days.

     5. On October  21, 2002,  the Denver  Office issued  a Notice  of 
Violation ("NOV") to Simmons for violation of Section's 74.1232(d) and 
74.1251(c)  of the  Rules.  On  October  31, 2002,  the Denver  Office 
received a  response from Simmons  stating that station  K264AC ceased 
transmitting the signal of station KJQN on April 11, 2002. 


                           III.  DISCUSSION

     6. Section 503(b)  of  the  Act  provides  that  any  person  who 
willfully or repeatedly  fails to comply substantially  with the terms 
and conditions  of any  license, or willfully  or 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.3   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 the Act  more than once or for more than one 
day.4

     7. A broadcast  station licensee  is responsible  for maintaining 
and operating the station in accordance  with the terms of the station 
license.  Section 74.1232(d) of the Rules sets forth generally that an 
authorization  for  a FM  translator  whose  coverage contour  extends 
beyond the  protected contour of  the commercial primary  station will 
not be granted  to the licensee or permittee of  a commercial FM radio 
broadcast  station.   Translator  station  K264AC  was  authorized  to 
transmit the  signal of  its primary station  KSFI.  By  using station 
K264AC to  transmit station  KJQN, Simmons failed  to comply  with the 
terms  of  station  K264AC's   license  and  improperly  extended  the  
1 mV/m  contour  of station KJQN.  Based on the evidence, we find that 
Simmons willfully  and repeatedly  violated Section 74.1232(d)  of the 
Rules by extending the 1 mV/m contour of FM station KJQN.

     8. The Commission's Forfeiture Policy Statement  and Amendment of 
Section 1.80  of the Rules  to Incorporate the  Forfeiture Guidelines, 
("Forfeiture Policy Statement"),5 and Section 1.80 of the Commission's 
Rules,6 do  not specify a base  forfeiture for violation of  the terms 
and conditions of the license by  extending the 1 mV/m contour of a FM 
primary  radio station.   Therefore we  must determine  an appropriate 
amount for  this violation.7   Similar operational parameters  such as 
construction or operation at an unauthorized location, exceeding power 
limits, and using  an unauthorized frequency, carry  a base forfeiture 
of $4,000.   Accordingly,  we  believe   a  base  forfeiture   in  the  
amount   of   $4,000 is  appropriate.   Translator  station K264AC  is 
legally licensed  by the FCC  as a  fill-in translator for  primary FM 
station KSFI.   In this  instance, translator  station K264AC  was not 
being  used  for this  purpose  and would  not  be  authorized at  the 
specified location by the Commission because the operation extends the 
1 mV/m contour of a  FM primary station. Therefore, translator station 
K264AC's  operation is  treated  as construction  or  operation at  an 
unauthorized  location,  and  a  base forfeiture  of  $4,000  will  be 
assessed.

     9. 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,8  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 $4,000 forfeiture is warranted.  


                         IV.  ORDERING CLAUSES

    10. 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, Simmons-SLC, LS, LLC,  is hereby 
NOTIFIED of  an APPARENT LIABILITY FOR  A FORFEITURE in the  amount of 
four thousand dollars ($4,000) for  violation of Section 74.1232(d) of 
the Rules.9

    11. 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,   Simmons-SLC, LS,  LLC, SHALL  PAY the 
full  amount  of the  proposed  forfeiture  or  SHALL FILE  a  written 
statement   seeking  reduction   or  cancellation   of  the   proposed 
forfeiture.

    12. 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) and also must note the NAL/Acct. No. referenced in the caption.

    13. 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.  

    14. 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.  

    15. 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. 20554.10

    16. 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 Federal Communications 
Commission, Enforcement  Bureau, 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 Act.  If you have questions regarding any of the 
information contained  in Attachment A,  please contact OCBO  at (202) 
418-0990.

     17.IT IS FURTHER  ORDERED THAT a copy of this  NOTICE OF APPARENT 
LIABILITY shall be sent by Certified  Mail # 7001 0320 0002 9702 9448, 
Return Receipt  Requested and  First Class  Mail, to  Simmons-SLC, LS, 
LLC, 515 South 700 East - Suite 1C, Salt Lake City, Utah  84102.

                              FEDERAL COMMUNICATIONS COMMISSION
                              


                              Nikki P. Shears
                              Acting District Director, Denver Office

Enclosure:  Attachment A
_________________________

     1  47  C.F.R.  74.1232(d).

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

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

     4 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) of the Act, 47 U.S.C.  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."

     5  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

     6  47 C.F.R.  1.80.

     7  The fact that the Forfeiture Policy Statement does not specify 
a base amount does not indicate that no forfeiture should be imposed.  
The Forfeiture Policy Statement states that "any omission of a 
specific rule violation from the...[Forfeiture Policy 
Statement]...should not signal that the Commission considers any 
unlisted violation as nonexistent or unimportant."  Forfeiture Policy 
Statement, 12 FCC Rcd at 17,099.  See e.g., American Tower 
Corporation, 16 FCC Rcd 1282 (2001).

     8  47 U.S.C.  503(b)(2)(D).

     9  47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, and 
74.1232(d).

     10 See 47 C.F.R.  1.1914.