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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554
In the Matter of                  )
                                 )
Twenty-One Sound                  )      File Number EB-05-KC-017
Communications, Inc.              )
Licensee, KNSX(FM)                )      NAL/Acct.No.200532560002
Facility ID: 68579                )
Steelville, MO                    )                                                  
Florissant, MO                             FRN: 0009075656 



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                   Released: April 12 , 2005

By the District Director,  Kansas City Office, South Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

        1.     In this Notice of Apparent Liability for 
          Forfeiture (``NAL''), we find Twenty-One Sound 
          Communications, Inc. (``Twenty-One Sound''), 
          licensee of Station KNSX(FM) in Steelville, 
          Missouri, apparently liable for a forfeiture in 
          the amount of twenty five thousand dollars 
          ($25,000) for willful and repeated violation of 
          Sections 11.35(a), 73.1125(a) and 73.3526(a) of 
          the Commission's Rules (``Rules'').1  
          Specifically, we find Twenty-One Sound apparently 
          liable for failing to maintain Emergency Alert 
          System (``EAS'') equipment in operational 
          readiness condition, failing to maintain a main 
          studio, and failing to maintain a public 
          inspection file consistent with the Rules.

II.  BACKGROUND

        2.     On March 1, 2005, an agent with the 
          Commission's Kansas City Office of the Enforcement 
          Bureau (``Kansas City Office'') inspected the main 
          studio for Station KNSX(FM).  The main studio was 
          located in a guard shack at the entrance to a 
          gated residential area near the KNSX transmitter 
          site in Woodland Lakes, Missouri.  The agent 
          observed that there were no signs on or near the 
          guard shack that indicated it was associated with 
          the station.  The guard shack was only staffed by 
          guards, who worked for the nearby residential 
          community.  The KNSX transmitter could not be 
          controlled from the guard shack.  The owner of 
          Twenty-One Sound stated that during the summer of 
          2004 Station KNSX(FM) failed an alternative 
          broadcast inspection (``ABIP'') conducted by the 
          Missouri Broadcast Association because of problems 
          with its main studio.  The owner stated that he 
          was in the process of obtaining a main studio in 
          Sullivan, Missouri for Station KNSX(FM) and 
          Station KESY(FM), a co-owned station licensed to 
          Cuba, Missouri.  The owner also admitted that the 
          station did not publish a local or toll-free 
          number in the Steelville telephone directory.

        3.     During the inspection on March 1, 2005, the 
          agent observed that the public file in the guard 
          shack did not contain any ownership reports or 
          issues programs lists after December 24, 2003.  
          The file contained a station license that expired 
          on February 1, 2005 and did not include a license 
          renewal application.  Finally, the owner of 
          Twenty-One Sound stated that Station KNSX(FM) had 
          received numerous emails about the station, but 
          that these emails had not been placed in the 
          public file.  

        4.     Also on March 1, 2005, the agent inspected 
          the unattended KNSX transmitter site and observed 
          that the sole EAS unit for the station was 
          installed there.  The EAS unit was placed in 
          manual operating mode and, as installed, was 
          incapable of automatically retransmitting messages 
          and tests.  The station had been receiving EAS 
          activations, but a review of the station logs for 
          the two-month period prior to the inspection 
          confirmed that the station had not retransmitted 
          any activation it had received and had not 
          transmitted several required weekly EAS tests.  
          The owner also admitted that he did not contact 
          the local or state EAS coordinator to determine 
          which stations he had been assigned to monitor, 
          and, as a result, was only monitoring one of the 
          three stations assigned to it.  
  
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 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.2  The term ``repeated'' means the 
          commission or omission of such act more than once 
          or for more than one day.3 

        6.     Section 11.35(a) of the Rules requires 
          broadcast station licensees to ensure that EAS 
          Encoders, EAS Decoders and Attention Signal 
          generating and receiving equipment used as part of 
          the EAS are installed so that the monitoring and 
          transmitting functions are available during the 
          times the stations and systems are in operation.4  
          Broadcast station licensees are also required to 
          receive, interrupt normal program, and transmit 
          certain EAS messages.5  When facilities are 
          unattended, Sections 11.51 and 11.52 of the Rules 
          require licensees to employ automatic systems to 
          interrupt programming and transmit certain EAS 
          messages.6  On March 1, 2005, the EAS unit for 
          Station KNSX(FM) was installed at its unattended 
          KNSX transmitter site and set in manual mode.  The 
          owner of Twenty-One Sound claimed to visit the 
          site occasionally to transmit manually the 
          required weekly and monthly EAS tests.7  He 
          admitted, however, that, since he put the station 
          back on the air in 1996, the transmitter site had 
          never been regularly staffed.  Thus, the EAS unit 
          at this unattended transmitter site should have 
          been set on an automatic mode.  Because the EAS 
          unit was set in manual mode, if an actual and 
          unscheduled EAS message was received, no person 
          would be present at the EAS transmitter site to 
          interrupt normal programming and transmit the EAS 
          message.  Therefore, although its EAS unit was 
          installed and not defective, Twenty-One Sound 
          failed to maintain an operational EAS system.  

        7.     Section 73.1125(a) of the Rules requires FM 
          stations to maintain a main studio.  ``A station 
          must equip the main studio with production and 
          transmission facilities that meet applicable 
          standards, maintain continuous program 
          transmission capability, and maintain a meaningful 
          management and staff presence.''8  The Commission 
          has defined a minimally acceptable ``meaningful 
          presence'' as full-time managerial and full-time 
          staff personnel.9  Section 73.1125(e) of the Rules 
          requires FM stations to maintain a local or toll-
          free telephone number in its community of 
          license.10  The owner of Twenty-One Sound put 
          Station KNSX(FM) back on the air in 1996.  
          However, he was unable to provide evidence that 
          the station ever maintained a main studio.  The 
          guard shack identified by the Secretary/General 
          Manager of Twenty-One Sound as the main studio did 
          not contain any production or transmission 
          equipment, was incapable of maintaining program 
          transmission capability,11 and was not staffed by 
          any managerial personnel or full-time station 
          staff personnel.  The owner also admitted that his 
          station failed an ABIP based on main studio issues 
          and did not publish a number for the station in 
          any local telephone directories.

        8.     Section 73.3526(a) of the Rules requires 
          commercial broadcast stations to maintain for 
          public inspection, a file containing materials 
          listed in that section.12  The public inspection 
          file is to be maintained at the main studio of the 
          station13 and be available for public inspection 
          during regular business hours.14  The guard, who 
          was paid on occasion by the owner of Twenty-One 
          Sound to make the file available to the public, 
          worked between 3 P.M. and 11 P.M.15  It would also 
          be very difficult for the public to find the file, 
          as the guard shack was not labeled and the station 
          did not maintain a telephone number listed in the 
          local directories.  Thus, the public file was not 
          available for inspection during normal business 
          hours.  On March 1, 2005, the public file did not 
          contain the station's most recent license 
          application, any ownership reports, emails from 
          the public, or issues-programs lists after 
          December 24, 2003.  Although the owner of Twenty-
          One Sound claimed that some or all of the missing 
          items were removed from the file by the ABIP 
          inspector, several items that should have been 
          placed in the public file after the ABIP 
          inspection were also missing.      

        9.     Based on the evidence before us, we find that 
          Twenty-One Sound apparently willfully and 
          repeatedly violated Sections 11.35(a), 73.1125(a), 
          and 73.3526(a) of the Rules by failing to maintain 
          an operational EAS system, failing to maintain a 
          main studio for Station KNSX(FM), and failing to 
          maintain a public inspection file as required by 
          the Rules.

        10.     Pursuant to Section 1.80(b)(4) the Rules, 
          the base forfeiture amounts for the listed 
          violations are:  $8,000 for failure to maintain 
          operational EAS equipment; $7,000 for a violation 
          of a main studio rule; and $10,000 for failure to 
          maintain a public inspection file consistent with 
          the Rules.16  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,17 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.''  Considering the entire 
          record and applying the statutory factors listed 
          above, this case warrants a $25,000 forfeiture.

IV.  ORDERING CLAUSES

        11.    Accordingly, IT IS ORDERED that, pursuant to 
          Section 503(b) of the Communications Act of 1934, 
          as amended,18 and Sections 0.111, 0.311 and 1.80 
          of the Commission's Rules,19 Twenty-One Sound 
          Communications, Inc. is hereby NOTIFIED of this 
          APPARENT LIABILITY FOR A FORFEITURE in the amount 
          of twenty five thousand dollars ($25,000) for 
          willful and repeated violation of Sections 11.35, 
          73.1125, and 73.3526 of the Rules, by failing to 
          maintain operational EAS equipment, failing to 
          maintain a main studio, and failing to maintain a 
          public inspection file as required.

        12.    IT IS FURTHER ORDERED that, pursuant to 
          Section 1.80 of the Commission's Rules,20 within 
          thirty 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. Payment by check or money order may be 
          mailed to the Forfeiture Collection Section, 
          Finance Branch, Federal Communications Commission, 
          P.O. Box 73482, Chicago, Illinois 60673-7482.  
          Payment by overnight mail may be sent to 
          BankOne/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.  The payment should note the NAL/Acct. 
          No. 20053256002, and FRN 0009075656, referenced in 
          the letterhead above. Requests for payment of the 
          full amount of this NAL under an installment plan 
          should be sent to: Federal Communications 
          Commission, Chief, Revenue and Receivable 
          Operations Group, 445 12th street, SW, Washington, 
          D.C.  20554.

        14.    The response, if any, must be mailed to 
          Federal Communications Commission, Enforcement 
          Bureau, South Central Region, Kansas City Office, 
          520 N.E. Colbern Rd., Second Floor, Lees Summit, 
          Missouri, 64086 within thirty days of the release 
          date of this NAL 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.    IT IS FURTHER ORDERED that a copy of this NAL 
          shall be sent by regular and Certified Mail Return 
          Receipt Requested to Twenty-One Sound 
          Communications, Inc. at its address of record and 
          its counsel, Lee Peltzman, 1850 M. St. N.W. Suite 
          240, Washington, D.C. 20036.


                         FEDERAL COMMUNICATIONS COMMISSION
                         




                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         South Central Region               
Enforcement Bureau
_________________________

1 47 C.F.R.  11.35(a), 73.1125(a), and 73.3526(a)
2Section 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).
3Section 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.'' 
447 C.F.R.  11.35(a).
5See 47 C.F.R.  11.51(k), 11.52(e).
6See 47 C.F.R.  11.51(k)(1), 11.52(e)(1).
7The owner claimed to run weekly EAS tests, but was unable 
to explain why the EAS logs failed to include any weekly 
tests between January 8, 2005 and March 1, 2005.  The 
owner/chief operator also claimed he was unaware that the 
station was prohibited from originating its own required 
monthly tests (``RMTs'').  The station logs documented that 
the RMTs were received but not retransmitted, as required by 
47 C.F.R.  11.61(a). 
8Main Studio and Program Origination Rules, Memorandum 
Opinion and Order, 3 FCC Rcd  5024, 5026 (1988). 
9Jones Eastern of the Outer Banks, Inc., Memorandum Opinion 
and Order, 6 FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 
6800 (1992). 
1047 C.F.R.  73.1125(e).
11Although the station transmitter site was capable of 
maintaining program transmission capability, the owner of 
Twenty-One Sound did not identify the station transmitter 
site as its main studio.  Even if he had stated that the 
transmitter site was the main studio, he admitted that the 
transmitter site was unattended.  
1247 C.F.R.  73.3526(a).
13See 47 C.F.R.  73.3526(b).
14See 47 C.F.R.  73.3526(c)(1).
15The guard who worked from 3 P.M. to 11 P.M. stated he 
lived in the nearby residential community and that the other 
guards were supposed to call him if anyone came by when he 
was not on duty.  However, there is no guarantee that this 
guard would be reachable or that he would arrive at the 
guard shack within a reasonable period of time for members 
of the public that arrived between 9 A.M. and 3 P.M.  Thus, 
the public file was not available during regular business 
hours.
1647 C.F.R.  1.80. 
1747 U.S.C.  503(b)(2)(D).
1847 U.S.C.  503(b). 
1947 C.F.R.  0.111, 0.311, 1.80. 
2047 C.F.R.  1.80.