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


In the Matter of                   )
                                     )
Butterfield Broadcasting           )      File Number EB-02-ST-308
Corporation                        )     NAL/Acct. No.200332980005
Licensee of AM Broadcast Station   )                FRN 0001567817
KULE                               )
Ephrata, Washington
Facility ID No:  4041


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released:  April 30, 2003 

By the District Direction, Seattle Office, Enforcement 
Bureau:


                      I.  INTRODUCTION

     1.    In   this  Notice   of  Apparent   Liability  for 
Forfeiture  (``NAL''),  we   find  Butterfield  Broadcasting 
Corporation  (``Butterfield''),  licensee of  radio  station 
KULE (AM)  in Ephrata, Washington, has  apparently willfully 
and  repeatedly   violated  Section  73.3526(e)(1)   of  the 
Commission's  Rules (``Rules'')1  by failing  to maintain  a 
copy of the station's  authorization in the station's public 
inspection file.  We conclude, pursuant to Section 503(b) of 
the   Communications  Act   of  1934,   as  amended,2   that 
Butterfield  is  apparently  liable for  forfeiture  in  the 
amount of two thousand dollars ($2,000).


                       II.  BACKGROUND

     2.    On May  17, 1999,  the Seattle  Office issued  an 
Official  Notice of  Violation  pertaining to  KULE for,  in 
part,  violating  Section  73.3526(e)(1)  of  the  Rules  by 
failing to  have a current  FCC authorization in  the public 
inspection file.3  The Media Bureau advised the licensee how 
to obtain  the necessary  reissued authorization on  May 25, 
1999.   On November  19,  2002,  the Federal  Communications 
Commission's  (``FCC'')  Media Bureau  notified  Butterfield 
Broadcasting  Corporation, licensee  of  station KULE,  that 
according to FCC records the  station had failed to obtain a 
reissued  station authorization.   Also  at  that time,  the 
Media Bureau specifically advised Butterfield to ensure that 
KULE  had an  accurate and  current license,  and warned  of 
possible  monetary forfeitures  if  a subsequent  inspection 
revealed continuing non-compliance.  

     3.   On January 28, 2003, an agent from the FCC's 
Seattle Office inspected KULE's license folder within the 
public inspection file at KULE's main studio.  The agent 
determined that KULE's authorization was not in the 
station's public inspection file.  Station personnel were 
unable to locate a copy of the station authorization 
anywhere at the station.  




                      III.  DISCUSSION

     4.   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.  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  such act more  than once  or for 
more than one day.4

      5.   Section 73.3526(e)(1) of  the Rules requires that 
        the station's public  inspection file include a copy 
        of  the  current FCC  authorization  to operate  the 
        station,  as well as  any other  documents necessary 
        to   reflect  any   modifications  thereto   or  any 
        conditions   that  the   FCC  has   placed  on   the 
        authorizations.   The  Rules   require  the  station 
        authorization  to  be  retained  in the  file  until 
        replaced  by a  new authorization,  at which  time a 
        copy  of  the  new  authorization  and  any  related 
        material  must be placed  in the  file.  Butterfield 
        had been  advised at least  twice by the FCC  of the 
        requirement  to  maintain a  copy  of the  station's 
        authorization  in  the station's  public  inspection 
        file.   However, Butterfield  neglected to  take the 
        minimal  steps necessary  to ensure  compliance with 
        the Rule.
  
      6.  Based  on the  evidence  before us,  we find  that 
        Butterfield  Broadcasting  Corporation, licensee  of 
        station  KULE (AM),  Ephrata, Washington,  willfully 
        and  repeatedly  violated Section  73.3526(e)(1)  of 
        the  Commission's  Rules by  failing  to maintain  a 
        copy of  KULE's current authorization in  the public 
        inspection file.

      7.  The Commission's  Forfeiture Policy  Statement and 
        Amendment   of  Section   1.80  of   the  Rules   to 
        Incorporate the  Forfeiture Guidelines (``Forfeiture 
        Policy Statement''),5 sets  a base forfeiture amount 
        of $10,000 for  violating the public file rules.  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.6  While 
        the station  did maintain a public  inspection file, 
        Butterfield neglected to  ensure compliance with the 
        Rules  even after being  warned and  advised several 
        times to  obtain a reissued license  and to maintain 
        a  copy  of   the  station's  authorization  at  the 
        station.   Considering the  evidence  before us  and 
        applying   the  Forfeiture   Policy  Statement   and 
        statutory factors  to the instant case,  we conclude 
        a $2,000 forfeiture is warranted.



                    IV.  ORDERING CLAUSES

      8.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
        Section  503(b)  of  the  Act7 and  Sections  0.111, 
        0.311   and   1.80   of  the   Rules,8   Butterfield 
        Broadcasting Corporation  is hereby NOTIFIED  of its 
        APPARENT  LIABILITY FOR A  FORFEITURE in  the amount 
        of  two  thousand  dollars  ($2,000)  for  violating 
        Section 73.3526(e)(1) of the Rules.

      9.  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,  Butterfield   Broadcasting  Corporation, 
        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.  number and FRN referenced in the 
        caption. 

      11. 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. number and FRN  referenced in 
        the caption. 

      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 submitted.

      13. 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. 20554.9

      14. 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.

      15. IT IS FURTHER  ORDERED THAT a copy  of this NOTICE 
        OF  APPARENT LIABILITY  shall be  sent by  Certified 
        Mail,  #7001  2510 0007  6500  0721, Return  Receipt 
        Requested  to Butterfield  Broadcasting Corporation, 
        706 Butterfield Road, Yakima, Washington 98901.

                                   FEDERAL COMMUNICATIONS 
                         COMMISSION




                                 Dennis J. Anderson
                                 District Director
                                 Seattle Office   




     Attachment A - FCC List of Small Entities, October 2002
_________________________

1 47 C.F.R.  73.3526(e)(1).

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

3 File No. 99ST441

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 or any rule or 
regulation of the Commission authorized by this Act...."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 
(1991).   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."  

5 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) (``Forfeiture Policy Statement'').

6 47 U.S.C.  503(b)(2)(D). 

7 47 U.S.C.  503(b). 

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.