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


In the Matter of                   )      File Number EB-02-DL-295
                                                             )
Citadel Broadcasting Company       )     NAL/Acct. No.200432500004
Licensee of KSYY in Kingfisher,    )
Oklahoma                           )              FRN 0001-5952-14
                                  )
Las Vegas, Nevada                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: March 8, 2004

By the Enforcement Bureau, Dallas Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find Citadel  Broadcasting Company 
(``Citadel''),   licensee   of   radio   station   KSYY(FM), 
Kingfisher, Oklahoma, apparently liable  for a forfeiture in 
the amount of nine thousand dollars ($9,000) for willful and 
repeated violation of  Sections 73.1125(a) and 73.3526(c)(1) 
of  the Commission's  Rules (``Rules'').1   Specifically, we 
find  Citadel  Broadcasting  Company apparently  liable  for 
failing to maintain a presence  at the station's main studio 
and  failing to  make available  for inspection  all of  the 
required material in the station's public inspection file.

                         II.  BACKGROUND

     2.   On  June 6,  2002,  the  FCC Enforcement  Bureau's 
Dallas Field Office (``Dallas Office'') received a complaint 
alleging radio station KLGH2 failed  to keep the public file 
up  to  date,  failed  to  log  EAS  broadcasts,  failed  to 
originate EAS  weekly tests,  and failed  to staff  its main 
studio during normal business hours.
 
     3.   On the morning  of February 20, 2003,  an agent of 
the Dallas Office attempted  an inspection of station KSYY's 
main studio on Britton Road  in Oklahoma City during regular 
business  hours.   The agent  found  no  staff at  the  main 
studio.

     4.   On  February  21, 2003,  an  agent  of the  Dallas 
Office inspected  the public inspection file  at KSYY's main 
studio on  Britton Road during regular  business hours.  The 
file was  missing the  last three quarterly  programming and 
issues  lists and  the  most recent  ownership report.   The 
transfer  of ownership  had  been consummated  approximately 
five months before the inspection.  Managerial staff offices 
were located on  NW 64th Street in Oklahoma  City, over four 
miles away from  the main studio and located  outside of all 
authorized  areas specified  in Section  73.1125(a) for  the 
location of  a main studio.  No  management personnel worked 
at the Britton Road main studio.

     5.   On the morning  of August 21, 2003,  an agent from 
the  Dallas Office  attempted  an inspection  of the  public 
inspection  file  at KSYY's  main  studio  on Britton  Road.  
There  was no  one  at the  main  studio.  Managerial  staff 
traveled  from  their offices  four  miles  away to  provide 
access to the file.  The  public inspection file was missing 
completed  Programming and  Issues lists  for the  last five 
quarters.  The file did contain documentation for a program, 
``Kingfisher Today''  covering the  period October  27, 2002 
through May 11, 2003 which was  not reduced to list form and 
was not maintained  in quarterly segments of  the year.  The 
station's  general  manager  stated  that  the  station  had 
considered applying  for a  waiver to  move the  main studio 
from the Britton  Road location to their offices  on NW 64th 
Street.

                      III.  DISCUSSION

     6.   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 addition, the  station's main studio must 
serve  the  needs and  interests  of  the residents  of  the 
station's community of license.3   To fulfill this function, 
a station  must, among  other things, maintain  a meaningful 
presence at its main studio.4   The Commission has defined a 
minimally  acceptable ``meaningful  presence'' as  full-time 
managerial  and full-time  staff  personnel.5  In  addition, 
there must be  ``managerial and staff presence''  on a full-
time  basis during  normal business  hours to  be considered 
``meaningful.''6  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.''7  On February 20,  2003 and August 
21, 2003, the KSYY main studio was not staffed during normal 
business hours  and management  personnel offices  were over 
four  miles away  at a  location  outside any  of the  areas 
permitted for the main studio by section 73.1125(a).

     7.   Section  73.3526(a)(2) of  the Rules8  states that 
every permittee or licensee of an  AM, FM, TV, or Class A TV 
station in the commercial  broadcast services shall maintain 
a public  inspection file containing the  material, relating 
to  that station,  described  in  paragraphs (e)(1)  through 
(e)(10)   and    paragraph   (e)(13)   of    this   section.  
Additionally, every  permittee or licensee  of an AM,  or FM 
station  shall   maintain  for  public  inspection   a  file 
containing the material, relating to that station, described 
in paragraphs (e)(12) and  (e)(14) of this section.  Section 
73.3526(b) of the Rules9 requires the public inspection file 
be  maintained  at  the   station's  main  studio.   Section 
73.3526(c)(1) of  the Rules  requires the file  be available 
for public  inspection at  any time during  regular business 
hours.   On  February 21,  2003,  an  inspection of  station 
KSYY's  public   inspection  file  revealed   that  required 
material  was missing  including the  most recent  ownership 
report and  three quarterly  Issues and Programs  Lists.  On 
August 21,  2003, an inspection of  KSYY's public inspection 
file revealed  that required material was  missing including 
five quarterly issues and programs lists.

     8.   Based on  the evidence before us,  we find Citadel 
willfully10  and repeatedly11  violated Sections  73.1125(a) 
and  73.3526(c)(1) of  the Rules  by failing  to maintain  a 
presence at  the station's main  studio and failing  to make 
available  for  inspection  all  required  material  in  the 
station's public inspection file.

     9.   Pursuant to Section 1.80(b)(4) of the Rules,12 the 
base forfeiture amount for violation of the main studio rule 
is $7,000, and  the base forfeiture amount  for violation of 
the public file rules 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.13  
Because  the station  maintained a  portion of  the required 
items in  the public inspection file,  a downward adjustment 
of the  base forfeiture for  that violation from  $10,000 to 
$2,000  is warranted.    Considering the  entire record  and 
applying  the factors  listed  above, this  case warrants  a 
$9,000 forfeiture.

                      IV.  ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,14 and Sections  0.111, 0.311 and 
1.80 of the Rules,15  Citadel Broadcasting Company is hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount  of nine  thousand dollars  ($9,000) for  willful and 
repeated violation of Sections 73.1125(a) and  73.3526(c)(1) 
of  the Rules  by  failing  to maintain  a  presence at  the 
station's  main studio  and  failing to  make available  for 
inspection  all required  material in  the station's  public 
inspection file.

     11.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Citadel Broadcasting  Company 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 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. 20554.16

     13.  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.  

     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.  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.

     16.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Citadel Broadcasting Company,  7201 W. 
Lake Mead Boulevard, Suite 400, Las Vegas, Nevada 89128.   


                         FEDERAL COMMUNICATIONS COMMISSION



                         James D. Wells
                         District  Director, Dallas  Office, 
Enforcement Bureau


Attachment
_________________________

1 47 C.F.R.  73.1125(a) & 73.3526(c)(1).

2 KLGH subsequently changed call sign to WWLF-FM and then to 
KSYY.

3 See Main Studio and Program Origination Rules, 2 FCC Rcd 
3215, 3217-18 (1987), clarified, 3 FCC Rcd 5024, 5026 
(1988).

4 Id.

5 Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 
3616 (1991), clarified, 7 FCC Rcd 6800 (1992).

6 Id., 6 FCC Rcd at 3616, n.2.

7 Id., 7 FCC Rcd at 6802.

8 47 C.F.R.  73.3526(a)(2).

9 47 C.F.R.  73.3526(b).

10 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 4387-88 
(1991).

11 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).

12 47 C.F.R.  1.80(b)(4).

13 47 U.S.C.  503(b)(2)(D).

14 47 U.S.C.  503(b).

15 47 C.F.R.  0.111, 0.311, 1.80.

16 See 47 C.F.R.  1.1914.