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


In the Matter of                   )
                                                             )
Community Broadcasting, Inc.       )      File Number EB-03-KC-021
                                  )
Licensee of Radio Station KCRL-FM  )    NAL/Acct. No. 200332560019
in                                 )
Sunrise Beach, Missouri                           FRN 0005-0141-62

Overland Park, Kansas
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released:  March 11, 2003

By the Enforcement Bureau, Kansas City Office:

                          I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find Community  Broadcasting, Inc. 
(``Community''), licensee of  radio station KCRL-FM, Sunrise 
Beach, Missouri,  apparently liable for a  forfeiture in the 
amount  of two  thousand five  hundred dollars  ($2,500) for 
willful and  repeated violation of Section  73.3526(a)(2) of 
the Commission's Rules  (``Rules'').1  Specifically, we find 
Community  apparently liable  for  failing  to maintain  all 
required material in the station's public inspection file.

                          II.  BACKGROUND

     2.   On January 29, 2003, an  agent of the FCC's Kansas 
City  Office inspected  the  public file  for radio  station 
KCRL-FM, Sunrise Beach, Missouri.  The station's public file 
contained no  contour map  and no current  ownership report.  
The  station's Director  of  Broadcasting Operations  stated 
that  the  current  ownership  report was  on  his  desk  in 
Overland Park,  Kansas.  There was no  explanation given for 
failure to provide the contour map.

                      III.  DISCUSSION

     3.   Section  73.3526(a)(2)  of  the Rules  requires  a 
permittee  or  licensee of  an  AM,  FM,  or TV  station  to 
maintain  a  public  inspection file.   Among  the  required 
material  to be  maintained in  the public  file, AM  and FM 
licensees and permittees must maintain a copy of any service 
contour maps,  submitted with  any application  tendered for 
filing with the FCC, together  with any other information in 
the application  showing service contours.   These documents 
shall be  retained in the  public file  for as long  as they 
reflect current, accurate information regarding the station.  
Additionally, the  public file shall  contain a copy  of the 
most recent,  complete ownership  report filed with  the FCC 
for the station, together with any statements filed with the 
FCC  certifying that  the  current report  is accurate,  and 
together with  all related material.  Section  73.3516(a) of 
the Rules  requires ownership reports  to be filed  with the 
station's license  renewal application  and every  two years 
thereafter on the  anniversary of the date  that its renewal 
application is required to be  filed.2  On January 29, 2003, 
a  review  of  station   KCRL-FM's  public  inspection  file 
revealed no copy of the station's contour map and no copy of 
the most recent ownership report.  The station's Director of 
Broadcasting  Operations stated  that the  current ownership 
report was on his desk in Overland Park, Kansas.

     4.   Based  on the  evidence  before us,  we find  that 
Community  willfully3   and  repeatedly4   violated  Section 
73.3526(a)(2)  of  the  Rules  by failing  to  maintain  all 
required material in the station's public inspection file.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture  amount for  public file rule  violations is 
$10,000.  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 Communications  Act of 1934, 
as   amended   (``Act''),    which   include   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.''6   In  this  case,  we 
consider that the contour map  and the ownership report were 
the  only items  missing  from the  public inspection  file.  
Therefore, we  assess the  forfeiture amount for  the public 
file violation at $2,500.  Considering the entire record and 
applying  the factors  listed  above, this  case warrants  a 
$2,500 forfeiture.

                       IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80 of  the Rules,8 Community Broadcasting,  Inc. is hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount  of two  thousand five  hundred dollars  ($2,500) for 
willful and  repeated violation of Section  73.3526(a)(2) of 
the Rules by  failing to maintain a copy of  the contour map 
and a  copy of  the current ownership  report in  the public 
file.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this  NAL,  Community  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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.9

     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. referenced 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  Community  Broadcasting, Inc.,  10550 
Barkley, Suite 108, Overland Park, KS 66212.   


                         FEDERAL COMMUNICATIONS COMMISSION  



                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         Enforcement Bureau

Attachment
_________________________

1 47 C.F.R.  73.3526(a)(2).

2 47 C.F.R.  73.3516(a).

3 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).

4 The 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.''  47 
U.S.C.  312(f)(2).

5 47 C.F.R.  1.80(b)(4).

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.