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                )
                                )       
Twenty-One Sound Communications, Inc.   )    File             No. 
EB-03-KC-082
                                )       
Licensee of Radio Station KKAC in       )    NAL/Acct.        No. 
200332560030
Vandalia, Missouri              )       
Florissant, Missouri            )       FRN: 0006-1497-93


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: October 6, 2003

By the, Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we find Twenty-One Sound Communications, Inc., (?Twenty-One?), 
licensee of FM radio station KKAC, Vandalia, Missouri, apparently 
liable for a forfeiture in the amount of seven thousand dollars 
($7,000) for willful and repeated violation of Section 73.1125(a) 
of the Rules.1  Specifically, we find Twenty-One Sound 
Communications, Inc. apparently liable for failure to maintain a 
main studio presence.
                                          
                         II. BACKGROUND

     1.   On April 22, 2003, an agent from the FCC Enforcement 
Bureau's Kansas City Office (?Kansas City Office?) attempted an 
inspection of KKAC during regular business hours.  The studio 
building was locked with no indication of any persons present, 
and had no posted business hours or telephone numbers to contact 
station personnel.  The local telephone directory contained no 
listing for the station.  From Commission antenna structure 
records, the agent obtained a contact telephone number for the 
owner of the station's antenna structure.  The agent called this 
number and spoke with Twenty-One's President, Randy Wachter, in 
St. Louis, Missouri.  The agent arranged with Mr. Wachter to 
conduct an inspection on the following day at the KKAC 
transmitter and studio in Vandalia, Missouri.

     2.   On April 23, 2003, the agent conducted an inspection of 
KKAC's studio and transmitter.  The KKAC studio was closed to the 
public and no station employees were present except Mr. Wachter 
who met the agent at the studio.  The station operated unattended 
and employed no staff at the studio or transmitter site.

     3.   On July 22, 2003, the agent went to the KKAC studio in 
Vandalia, Missouri during regular business hours.  The agent 
found the studio building locked and no persons present.  A sign 
displayed a telephone number as a contact number for the station.  
That telephone number connected to a mobile telephone number in 
St. Louis, Missouri.



                      III.      DISCUSSION

     4.   Section 73.1125(a) of the Rules states that each AM, 
FM, or TV broadcast station shall maintain a studio at one of the 
following locations: (1) within the station's community of 
license; (2) at any location within the principal community 
contour of any AM, FM, or TV broadcast station licensed to the 
station's community of license; or (3) within twenty-five miles 
from the reference coordinates of the center of its community of 
license as described in 73.208(a)(1).  In adopting the main 
studio rules, the Commission stated that the station's main 
studio must have the capability to serve the needs and interests 
of the residents of the station's community of license.1  To 
fulfill this function, a station must, among other things, 
maintain a meaningful presence at its main studio.2  The 
Commission has defined a minimally acceptable ?meaningful presence? 
as full-time managerial and full-time staff personnel.3  The 
licensee need not have the same staff person and manager at the 
studio, as long as there was management and staff presence there 
during normal business hours.4  Although management personnel 
need not be ?chained to their desks? during normal business hours, 
they must ?report at the main studio on a daily basis, spend a 
substantial amount of time there and ? use the studio as a home 
base.?5  On April 22, April 23, and July 22, 2003, KKAC's main 
studio in Vandalia, Missouri maintained no staff or management 
presence during normal business hours.  On each day, the main 
studio was locked and unoccupied.

     9.   Based  on  the  evidence   before  us,  we  find   that 
Twenty-One willfully6 and repeatedly7 violated Section 73.1125(a) 
of the  Rules by  failing  to maintain  a  presence at  its  main 
studio.

     10.  Pursuant to Section 1.80(b)(4) of the Rules,8 the  base 
forfeiture amount  for  violation of  the  main studio  rules  is 
$7,000.  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.?9   Considering  the 
entire record and  applying the factors  listed above, this  case 
warrants a $7,000 forfeiture.





                      IV. ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act10 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,11 Twenty-One Sound Communications, Inc. is hereby NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of seven 
thousand dollars ($7,000) for  willful and repeated violation  of 
Section 73.1125(a)  of  the  Rules  for  failure  to  maintain  a 
presence at the KKAC main studio.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  (30) days of the  release date of  this 
NAL, Twenty-One  Sound Communications,  Inc. SHALL  PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     13.      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.  Request for payment  of 
the full amount of NAL under  an installment plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C.  20554.12

     14.      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-Spectrum  Enforcement  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. referenced above.

     15.      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. 

     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 Spectrum Enforcement  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.



     17.      IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to Twenty-One Sound Communications, Inc., 3418  Douglas 
Road, Florissant, MO.  63034.






                              FEDERAL COMMUNICATIONS COMMISSION
     





                              Robert C. McKinney
                              District  Director,   Kansas   City 
Office
                              Enforcement Bureau

Attachment A

_________________________

1 47 C.F.R.  73.1125(a).
1 Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 (1988).
2 Id.
3 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 
(1991), clarified, 7 FCC Rcd 6800 (1992).
4 Id., 6 FCC Rcd at 3616 n.2; 7 FCC Rcd at 6800 n.4.
5 Id., 7 FCC Rcd at 6802.
6 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).
7 Section 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.
8 47 C.F.R.  1.80(b)(4).
9 47 U.S.C.  503 (b)(2)(D).
10 47 U.S.C.  503(b).
11 47 C.F.R.  0.111, 0.311 and 1.80.
12 See 47 C.F.R.  1.1914.