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

In the Matter of                  )
                                 )
Alpine Broadcasting Limited       )         File No. EB-04-ST-117
Partnership                       )
                                 )                 NAL/Acct. No. 
Former  Licensee  of  AM  Station )                  200532980001
KWYS                              )
West Yellowstone, Montana                         FRN: 0005952668
Facility ID 24434



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  January 
14, 2005


By the Acting District Director, Seattle District Office, Western 
Region, Enforcement Bureau:                                

I.   INTRODUCTION

       1.1.    In this Notice of Apparent Liability for 
  Forfeiture (``NAL''), we find that Alpine Broadcasting Limited 
  Partnership (``Alpine''),1 former licensee of AM Station KWYS 
  in West Yellowstone, Montana, apparently willfully and 
  repeatedly violated Section 73.1125(a) of the Commission's 
  Rules (``Rules''),2  by failing to maintain a meaningful 
  managerial and staff presence at the KWYS main studio.  We 
  conclude, pursuant to Section 503(b) of the Communications Act 
  of 1934, as amended (``Act''),3 that Alpine is apparently 
  liable for a forfeiture in the amount of seven thousand 
  dollars, $7,000.

II.  BACKGROUND

       1.2.    On May 17, 2004, an agent from the Commission's 
  Seattle Office attempted to conduct a routine inspection of 
  the KWYS main studio at 303 N. Canyon Street, West 
  Yellowstone, Montana, during regular business hours.  The 
  agent found the main studio locked with no station personnel 
  present, only a sign referring persons seeking the public file 
  to see a realty agency, located across the hall, for 
  instructions on how to gain access.  A representative from the 
  realty company told the agent that no one associated with KWYS 
  had been present at the studio for the last few months and 
  that he had an agreement with the station to let people see 
  the public file if requested.  The agent contacted Alpine's 
  office in Idaho Falls, Idaho.  Alpine's General Partner told 
  the agent that KWYS was run remotely from Idaho Falls and that 
  an advertising agent in West Yellowstone went to the studio 
  infrequently to work on ads.  He also advised the agent that 
  he or KWYS's contract engineer could arrive at the station in 
  three to four hours to complete the inspection, but no sooner.  

III.      DISCUSSION

       1.3.    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.4  The term ``repeated'' means the 
  commission or omission of such act more than once or for more 
  than one day.5

       1.4.    Section 73.1125(a) of the Rules requires the 
  licensee of  a broadcast station to maintain a main 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 Section 
  73.208(a)(1).6  In addition, the station's main studio must 
  serve the needs and interests of the residents of the 
  station's community of license.  To fulfill this function, a 
  station must, among other things, maintain a meaningful 
  managerial and staff presence at its main studio.7  The 
  Commission has defined a minimally acceptable ``meaningful 
  presence'' as full-time managerial and full-time staff 
  personnel.8  In addition, there must be ``management and staff 
  presence'' on a full-time basis during normal business hours 
  to be considered ``meaningful.''9 Although management 
  personnel need not be ``chained to their desks'' during normal 
  business hours, they must ``report to work at the main studio 
  on a daily basis, spend a substantial amount of time there and 
  ... use the studio as a home base.''10  The KWYS studio was 
  not staffed at the time of the inspection, and regular access 
  to the studio during normal working hours was only available 
  by contacting representatives of a nearby business.  Alpine's 
  general partner acknowledged the station was operated remotely 
  and not regularly staffed.  According to a representative of 
  the nearby business, Alpine had not staffed the KWYS main 
  studio for a few months.  Because Alpine contracted with 
  another business to provide access to the KWYS main studio, 
  Alpine was aware that a meaningful managerial and staff 
  presence was not being maintained at the KWYS studio.  
  Therefore, Alpine's violation was willful.  Alpine's violation 
  occurred on more than one day, therefore, it was repeated.

       1.5.    Based on the evidence before us, we find that 
  Alpine, apparently willfully and repeatedly violated Section 
  73.1125(a) of the Commission's Rules (``Rules''),11 by failing 
  to maintain a meaningful managerial and staff presence at the 
  KWYS main studio.  

       1.6.    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''), and Section 1.80 of 
the Rules, the base forfeiture amount for violation of the main 
studio requirements is $7,000.12  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.13  Considering the 
entire record in this case, we find that Alpine is liable for the 
entire base amount for its violation of the main studio 
requirements.  Applying the Forfeiture Policy Statement, Section 
1.80, and the statutory factors, we conclude that Alpine is 
apparently liable for a $7,000 forfeiture.

IV.  ORDERING CLAUSES

       1.7.    Accordingly, IT IS ORDERED that, pursuant to 
  Section 503(b) of the Communications Act of 1934, as amended, 
  and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 
  Alpine Broadcasting Limited Partnership, is hereby NOTIFIED of 
  their APPARENT LIABILITY FOR A FORFEITURE in the amount of 
  seven thousand dollars ($7,000) for violating Section 
  73.1125(a) of the Commission's Rules.14

       1.8.    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 for 
  Forfeiture, Alpine Broadcasting Limited Partnership SHALL PAY 
  the full amount of the proposed forfeiture or SHALL FILE a 
  written statement seeking reduction or cancellation of the 
  proposed forfeiture.

       1.9.    Payment of the forfeiture must be made by check or 
  similar instrument, payable to the order of the Federal 
  Communications Commission.  The payment must include the 
  NAL/Acct. No. and FRN No. referenced above.  Payment by check 
  or money order may be mailed to Forfeiture Collection Section, 
  Finance Branch, Federal Communications Commission, P.O. Box 
  73482, Chicago, Illinois 60673-7482.  Payment by overnight 
  mail may be sent to Bank One/LB 73482, 525 West Monroe, 8th 
  Floor Mailroom, Chicago, IL 60661.   Payment by wire transfer 
  may be made to ABA Number 071000013, receiving bank Bank One, 
  and account number 1165259.

       1.10.   The response, if any, must be mailed to Federal 
  Communications Commission, Enforcement Bureau, Western Region, 
  Seattle Office, 11410 NE 122nd Way, STE 312, Seattle, 
  Washington 98034 and must include the NAL/Acct. No. referenced 
  in the caption.

       1.11.   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.

       1.12.   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 
  Receivable Operation Group, 445 12th Street, S.W., Washington, 
  D.C. 20554.15

       1.13.   IT IS FURTHER ORDERED that this Notice of Apparent 
  Liability for Forfeiture shall be sent, by Certified Mail, 
  Return Receipt Requested, and regular mail, to Alpine 
  Broadcasting Limited Partnership, PO Box 2158, Ketchum, ID 
  83340-2158.



                              FEDERAL COMMUNICATIONS COMMISSION




                              Steven Houser
                              Acting District Director
                              Seattle District Office 
                              Western Region
                              Enforcement Bureau



_________________________

1On June 21, 2004, the Commission accepted Alpine's application 
to assign, among other licenses, the license of KWYS(AM), to 
Chaparral Broadcasting, Inc.  See File No. BALH-20040617AAW.  The 
application was granted on July 30, 2004.  According to 
Commission records, the transaction was consummated on August 13, 
2004.  At the time of the violation discussed herein, Alpine was 
the licensee of KWYS.

247 C.F.R.  73.1125(a).  
347 U.S.C.  503(b).
4Section 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). 
5Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[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.''
647 C.F.R.  73.1125(a).

7See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-18 (1987), clarified 3 FCC Rcd 5024, 5026 (1988).
8Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 
(1991), clarified 7 FCC Rcd 6800 (1992).
9Id.
107 FCC Rcd at 6802.
1147 C.F.R.  73.1125(a).
1212 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1347 U.S.C.  503(b)(2)(D).
1447 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 
73.1125(a).
15See 47 C.F.R.  1.1914.