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



In the Matter of                )       
                                )       
FTP Corporation                 )       File No. EB-02-ST-307
Licensee of Radio Station KNTB  )       NAL/Acct.             No. 
200332980004
Lakewood, Washington            )       FRN 0003764974
Facility ID No.:26892           )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE



                                         Released: April 30, 2003 

By the District Director, Seattle Office, Enforcement Bureau:


                        I.   INTRODUCTION

     1.                          In  this   Notice  of   Apparent 
Liability for  Forfeiture ("NAL"), we  find that FTP  Corporation 
(``FTP''),  licensee  of  AM  radio  broadcast  station  KNTB  in 
Lakewood, Washington, has apparently repeatedly violated  Section 
73.1745  of the  Commission's Rules  (``Rules'')1 by  failing  to 
operate station KNTB in accordance with the station's  authorized 
power and hours  of operation.  We conclude, pursuant to  Section 
503(b) of the  Communications Act of 1934, as amended,2 that  FTP 
is  apparently  liable  for forfeiture  in  the  amount  of  four 
thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   FTP is authorized to operate  station KNTB on 1480  kHz 
with 1000 watts  from 6:00 a.m. until sunset.3  According to  the 
terms of KNTB's license, the average hour of sunset in the  month 
of November  is 4:30 p.m.  In 1998,  FTP submitted a proposal  to 
operate station KNTB from sunset to sunrise with 111 watts.   The 
FCC's  records  do  not indicate  if  FTP  ever  implemented  the 
proposal.  Accordingly, on  October 30, 2002, the Seattle  Office 
received  a  request  from the  FCC  Media  Bureau  to  ascertain 
whether  AM radio station  KNTB was operating  at night with  111 
watts.  

     3.   On November  5, 2002,  a  Seattle agent  monitored  the 
signal  of  KNTB  near  Lakewood  beginning  at  7:45  p.m.   and 
determined that  the station was indeed  operating at night,  but 
with a signal  strength consistent with the station's  authorized 
daytime power  of 1000 watts.  On  November 6, 2002, the  Seattle 
agent monitored the  signal of KNTB from approximately 3:00  p.m. 
until approximately  6:00 p.m.  No change  in field strength  was 
observed or measured  by the agent at sunset.  Indeed, the  field 
strength remained  consistent throughout the monitoring time  and 
was consistent with what the agent had expected from a 1000  watt 
transmitter.  

     4.   On December 12,  2002, Seattle agents  conducted an  AM 
broadcast  inspection  of  radio  station  KNTB.   The  station's 
public inspection  file contained a copy  of the current  station 
license   showing  the   station  only   had  daytime   operation 
authority.  FTP's station  manager stated that he understood  the 
station did have  authority to operate at nighttime with  reduced 
power.  The agent  provided FTP information on how to obtain  the 
requisite license  to operate with reduced  power, 111 watts,  at 
night, as  proposed.   However, the agent  also advised FTP  that 
operation of KNTB  at night with its authorized daytime power  of 
1000  watts  was  a  serious  violation  of  the  terms  of   its 
authorization.      

     5.   On December 16, 2002, Seattle agents inspected the KNTB 
transmitter site.  The  inspection revealed that the station  had 
remote operation  and control of the  transmitter as required  by 
the Rules, but  there was no indication that the transmitter  was 
programmed  to  reduce  power  or  shut  down  at  sunset.    The 
station's  transmitter  logs contained  no  indication  that  the 
station's  transmitter  power  had changed  or  been  reduced  on 
November  5 or November  6, 2002,  at sunset, nor  was there  any 
indication in the  logs that the station's transmitter power  had 
been reduced  below it's authorized daytime  power of 1000  watts 
at any time during the month of November.   


                      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.4    The   term 
``repeated'' means  the commission or omission  of such act  more 
than once or for more than one day.5 

     7.   The Rules state that  each licensee is responsible  for 
maintaining  and operating  its  broadcast station  in  a  manner 
which complies  with the technical rules  and in accordance  with 
the  terms  of  the  station  license.6    Specifically,  Section 
73.1745  of  the  Commission's Rules  states  that  no  broadcast 
station  shall operate at  times or  with modes  or power,  other 
than  those specified  and made  a part  of the  license.   FTP's 
license for KNTB  authorized operations during the day with  1000 
watts power.   FTP also had a  long-standing proposal before  the 
FCC to  operate KNTB at night  with significantly reduced  power, 
and   FTP  believed,  albeit   incorrectly,  that  the   licensed 
nighttime authority  was 111 watts.  FTP  did not have  authority 
to  operate station KNTB  at night with  full daytime power,  and 
FTP  station personnel  knew  that KNTB  was required  to  reduce 
power at  sunset.  However, on November  5 and November 6,  2002, 
FTP failed to reduce KNTB's daytime operating power at sunset.    

     8.   Based on  the  evidence  before us,  we  find  that  on 
November 5 and  6, 2002, FTP repeatedly violated Section  73.1745 
of  the Commission's  Rules when  it operated  station KNTB  with 
full  power after local  sunset in contravention  of its  station 
authorization.  

     9.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment  of  Section  1.80 of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines (``Forfeiture Policy Statement''),7 sets  a 
base forfeiture amount of $4,000 for exceeding power limits.   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, which include the nature, circumstances, extent,  and 
gravity of  the violation(s), 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.8  
Applying  the Forfeiture Policy  Statement and statutory  factors 
to  the  instant  case,  we  conclude  a  $4,000  forfeiture   is 
warranted.


                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b)  of the Act9  and Sections  0.111, 0.311 and  1.80 of  the 
Rules,  FTP  Corporation  is  hereby  NOTIFIED  of  its  APPARENT 
LIABILITY  FOR  A  FORFEITURE in  the  amount  of  four  thousand 
dollars ($4,000) for violating Section 73.1745 of the Rules. 10

     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, FTP Corporation, 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 note  the 
NAL/Acct. No. and FRN referenced in the caption.

     13.  Any response  to this  NAL 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.  and FRN reference  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 Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.11

     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  Technical and Public  Safety 
Division, Enforcement Bureau, Federal Communications  Commission, 
445   12th   Street   S.W.,   Washington,   D.C.   20554.    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 any 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  Return 
Receipt  Requested to  FTP Corporation,  1940 Fillmore  St.,  San 
Francisco, CA 94115.                         

                                                                                
                FEDERAL COMMUNICATIONS COMMISSION




                                Dennis J. Anderson
                                District Director
                                Seattle Office    




Attachment A - FCC List of Small Entities, October 2002

_________________________

1 47 C.F.R.  73.1745.
2 47 U.S.C.  503(b).
3  File No. BL 780911AM. 
4 47 U.S.C.  503(b).
5 Section 312(f)(2), 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." 
6 47 C.F.R.  73.1350(a).
7 The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999).
8 47 U.S.C.  503(b)(2)(D). 
9 47 U.S.C.  503(b). 
10 47 C.F.R.  0.111, 0.311, 1.80 and 73.1745.
11 See 47 C.F.R.  1.1914.