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



In the Matter of                                   )   
                                )       
Reier Broadcasting Company Inc. )                  File No. EB-
03-ST-167
                                )       
Licensee of Radio Stations KOBB-FM      )           NAL/Acct. No. 
200432980002
and KZLO-FM                     )                           
Bozeman, Montana                )                                           
FRN 0001631233
Facility ID Nos.:16776 and 55676 )                


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                           Released: May 20, 2004
                                                                 
By the District Director, Seattle Office, Western Region, 
Enforcement Bureau:


                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we  find  that   Reier  Broadcasting  Company   Inc.  
(``RBC''), licensee  of FM radio  broadcast stations KOBB-FM  and 
KZLO-FM  in  Bozeman,  Montana,  has  apparently  willfully   and 
repeatedly violated Section 73.1350(a) of the Commission's  Rules 
(``Rules'') by relocating  stations KOBB-FM and KZLO-FM prior  to 
obtaining  Commission authority.1   We  also find  that  RBC  has 
apparently willfully  and repeatedly violated Section  73.1560(b) 
by failing to operate stations KOBB-FM and KZLO-FM in  accordance 
with the stations'  authorized power.2  We conclude, pursuant  to 
Section  503(b) of  the Communications  Act of  1934, as  amended 
(``Act''),3 that RBC  is apparently liable for forfeiture in  the 
amount of sixteen thousand dollars ($16,000).


                         II.  BACKGROUND

     2.   RBC is the  licensee of KOBB-FM  and KZLO-FM,  Bozeman, 
Montana.  RBC  is authorized to operate  station KOBB-FM on  93.7 
MHz  with  100  kilowatts Effective  Radiated  Power  (ERP)  from 
4541'35'' north  latitude and 11058'50'' west longitude.4   RBC 
is also  authorized to operate station  KZLO-FM on 99.9 MHz  with 
100  kilowatts Effective  Radiated  Power (ERP)  from  4541'34'' 
north latitude  and 11058'57'' west  longitude.5  On January  8, 
2003, the Commission granted RBC's applications for  construction 
permits   (``CPs'')   to   move   the   stations'    transmitters 
approximately six miles  to the east of their licensed site.6  On 
or  about  April  23,  2003,  the  Commission's  Seattle   Office 
obtained  information that  radio  stations KZLO-FM  and  KOBB-FM 
were transmitting from a location other than their licensed  site 
without  a special  temporary  authority (STA)  to do  so.7   The 
information indicated that RBC was operating the stations at  the 
same  location as KBOZ(AM),  approximately seven miles  southwest 
of the stations' licensed site prior to January 8, 2003.8

     3.   On June 18, 2003, the Seattle Office issued a Letter of 
Inquiry (``LOI'') to RBC concerning the operation of KZLO-FM  and 
KOBB-FM  at  locations   other  than  those  authorized  by   the 
Commission.   On June  24,  2003, RBC  responded  to the  LOI  by 
sending copies of  STA's granted to RBC that allowed a  temporary 
antenna for KZLO-FM  and KOBB-FM to be installed on the  existing 
tower of  KBOZ(AM).  The STA applications  were submitted on  May 
8, 2003 and were granted by the Commission's Media Bureau on  May 
22,  2003.9  In  its STA  applications, RBC  requested  operating 
power of  15 kilowatts ERP for KOBB-FM  and 18 kilowatts ERP  for 
KZLO-FM.  The STA's granted on May 22, 2003, however,  authorized 
operating  power of  seven kilowatts  ERP for  KOBB-FM and  eight 
kilowatts  ERP   for  KZLO-FM.   The   STA  Grant  Letters   also 
specifically stated that  operation at the requested power  would 
extend the  60 dBu contour of  the stations beyond the  stations' 
licensed contours;  therefore, the STA's authorized operation  at 
the temporary location on the KBOZ tower with reduced power.10

     4.   On October 21, 2003, Seattle agents inspected the KZLO-
FM,  KOBB-FM,   and  KBOZ  transmitter  sites.   The   inspection 
included  transmitter   measurements,  measurements  at  the   AM 
monitoring  points  and a  review  of station  logs.   The  Chief 
Operator  at the  stations stated  that KOBB-FM  and KZLO-FM  had 
been shut  down sometime in the middle  of March because RBC  had 
lost  its transmitter site  lease.  The logs  indicated that  the 
stations  were moved and  collocated with KBOZ(AM)  and had  been 
operating  at  the KBOZ(AM)  location  since the  end  of  March.  
Review of the station logs for both KOBB-FM and KZLO-FM  revealed 
that from March  20, 2003 through October 20, 2003, the  stations 
had  consistently been  operating at  power levels  approximately 
five kilowatts above the operating power allowed by the STA's  of 
seven  kilowatts ERP  for  KOBB-FM and  eight kilowatts  ERP  for 
KZLO-FM.11   When the  agents notified  the Chief  Operator  that 
both  KOBB-FM  and KZLO-FM  were  operating at  power  levels  in 
excess of that  allowed by the STA's, he took immediate steps  to 
lower  the power of  both transmitters to  within the  authorized 
limit.12  


                      III.      DISCUSSION

     5.   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 there  under, 
shall be liable  for a forfeiture penalty.13  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 the Act more  than 
once or for more than one day.14

     6.   Section  73.1350(a)  of  the  Rules  states  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.15  
RBC operated KOBB-FM  and KZLO-FM from a location other than  the 
location  specified on  the stations'  licenses during  the  time 
period  from between March  20, 2003,  and May  21, 2003.   RBC's 
requests for STA's on May 8, 2003, which were granted on May  22, 
2003,  indicates RBC was  aware of  the need  to acquire  Special 
Temporary  Authority  before operating  from  the  new  location.  
Therefore it appears  that RBC's violation of Section  73.1350(a) 
was willful.  It  further appears that the violation occurred  on 
more than one day, thus, it was repeated.  

     7.   Based on  the  evidence before  us,  we find  that  RBC 
willfully  and  repeatedly violated  Section  73.1350(a)  of  the 
Commission's  Rules by  failing to  operate its  stations at  the 
locations   set   forth   in   the   terms   of   the   stations' 
authorizations.    

     8.   Section 73.1560(b) states  that the transmitter  output 
of  an FM station must  be maintained as  near as practicable  to 
the authorized transmitter output power and may not be less  than 
90%  or more  than 105%  of the  authorized power.16   The  STA's 
granted  to RBC on  May 22, 2003,  authorized operating power  of 
seven  kilowatts ERP  for  KOBB-FM and  eight kilowatts  ERP  for 
KZLO-FM.   These  STA's specifically  denied  RBC's  request  for 
operating power of 15 kilowatts ERP for KOBB-FM and 18  kilowatts 
ERP for KZLO-FM.  Despite the explicit requirements in the  STA's 
of reduced operating  power, RBC, during the period May 22,  2003 
to October 21,  2003, operated KOBB-FM at a transmitter power  in 
excess  of  12  kilowatts ERP,  170%  of  authorized  power,  and 
operated  KZLO-FM  at  a transmitter  power  in  excess  of  12.7 
kilowatts ERP,  158% of authorized power.   RBC was aware of  the 
reduced operating power  limits in the STA's, particularly  after 
its  request for  higher operating  power for  both stations  was 
denied.  Therefore, it appears that its operation of KOBB-FM  and 
KZLO-FM at more  than 105% of the stations' authorized power  was 
willful.   The operation at  more than the  105% operating  power 
appears  to have occurred  for more than  one day, therefore,  it 
was repeated.   

     9.   Based on  the  evidence before  us,  we find  that  RBC 
repeatedly  violated  Section 73.1560(b)  by  exceeding  the  STA 
authorized power limits for stations KOBB-FM and KZLO-FM. 

     10.    Pursuant  to   The  Commission's  Forfeiture   Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate  the   Forfeiture  Guidelines  (``Forfeiture   Policy 
Statement''),17  and  Section  1.80  of  the  Rules,18  the  base 
forfeiture amount  for operation at  an unauthorized location  is 
$4000.   Also, according  to Section  1.80, the  base  forfeiture 
amount  for exceeding power  limits is $4000.   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,19  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.  
Applying  the Forfeiture Policy  Statement and statutory  factors 
to  the  instant  case,  we  conclude  an  $8000  forfeiture   is 
warranted for  KOBB-FM and an $8000  forfeiture is warranted  for 
KZLO-FM.   In  total,  we  find  that  a  $16,000  forfeiture  is 
warranted for RBC, licensee of KOBB-FM and KZLO-FM.


                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b)  of the Act20 and  Sections 0.111, 0.311  and 1.80 of  the 
Rules,   Reier Broadcasting  Company Inc. is  hereby NOTIFIED  of 
its APPARENT LIABILITY FOR A FORFEITURE in the amount of  sixteen 
thousand dollars ($16,000) for violating Sections 73.1350(a)  and 
73.1560(b) of the Rules.21

     12.  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, Reier Broadcasting  Company 
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 must  include 
the  FCC  Registration   Number  (FRN)  and  the  NAL/Acct.   No. 
referenced in the caption.  

     14.  The response, if  any, must  be mailed  to the  Federal 
Communications Commission, Western Region, Seattle Office,  11410 
NE  122nd  Way, Room  312,  Kirkland, WA,  98034-6927,  and  must 
include the NAL/Acct. No. referenced in the caption. 

     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.  Requests for payment of the full amount of this  Notice 
of Apparent  Liability for Forfeiture  under an installment  plan 
should  be sent  to: Chief,  Revenue and  Receivables  Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.22

     17.  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  Federal   Communications 
Commission,  Enforcement Bureau,  Spectrum Enforcement  Division, 
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 questions regarding any of  the 
information  contained in Attachment  A, please  contact OCBO  at 
(202) 418-0990.
     18.  IT IS FURTHER  ORDERED THAT  a copy of  this Notice  of 
Apparent  Liability  shall  be  sent  by  Certified  Mail  Return 
Receipt Requested and regular mail to Reier Broadcasting  Company 
Inc., P.O. Box 20, Bozeman, MT 59718.        

     

                         FEDERAL COMMUNICATIONS COMMISSION



                         Dennis J. Anderson
                         District Director
                         Seattle Office, Western Region
                           Enforcement Bureau



Attachment A - FCC List of Small Entities, October 2002

_________________________

1 47 C.F.R.  73.1350(a).

2 47 C.F.R.  73.1560(b).

3 47 U.S.C.  503(b).

4  File No. BLH-19830411AA, granted December 12, 1983.
 
5 File No. BLH-19930420KC, granted October 11, 1994.

6 The new coordinates, according to the CPs, are 4540'24'' north 
latitude and 11052'04'' west longitude, for both KOBB-FM and 
KZLO-FM.  See BPH-20020708AAR and BPH-20020708AAQ.

7 See 47 C.F.R.  73.1635 (A special temporary authority (STA) is 
the authority granted to a permittee or licensee to permit the 
operation of a broadcast facility for a limited period at a 
specified variance from the terms of the station authorization or 
requirements of the FCC rules applicable to that particular class 
of station.)

8 RBC is also the licensee of KBOZ(AM), Bozeman, Montana

9 The coordinates approved for both stations pursuant to the 
STA's are 4536'58'' north latitude and 11105'16'' west 
longitude.  File No. BSTA-20030509ACO, granted May 22, 2003, 
expired August 22, 2003; File No. BSTA-20030509ACN, granted May 
22, 2003, expired August 22, 2003.  Subsequent extensions of the 
STA's have been granted.  RBC lost its lease at its originally 
licensed tower location and needed to relocate to a temporary 
site.  See May 22, 2003 Letter to Dennis F. Begley, Esquire, (In 
re: KZLO-FM, Bozeman, Montana);   May 22, 2003 Letter to Dennis 
F. Begley, Esquire, (In re: KOBB-FM, Bozeman, Montana) (``STA 
Grant Letters'').

10 See STA Grant Letters.

11 The reviewed data is summarized as follows:
                    
     Station        3/20/03        3/24/03        7/31/03        
8/20/03        10/20/03
     KOBB-FM   12.1 kW               12.1 kW      13.5 kW        
13.5 kW        13.1 kW
     KZLO-FM   13.2 kW        13.2 kW        13.2 kW        13.7 
kW        12.7 kW

12 The Chief  Operator indicated that  he thought the  authorized 
power was the same as requested in the original applications  for 
STA.   

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

14 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) of the Act, 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."

15 47 C.F.R.  73.1350(a).

16 47 C.F.R.  73.1560(b).

17 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).

18 47 C.F.R.  1.80.

19 47 U.S.C.  503(b)(2)(D).
 
20 47 U.S.C.  503(b).
 
21 47 C.F.R.  0.111, 0.311, 1.80, 73.1350(a) and 73.1560(b).

22  47 C.F.R.  1.1914.