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

In the Matter of                 )
                                 )
Ingstad Brothers Broadcasting,   )                    EB-04-PL-068
LLC                              )
                                 )      NAL/Acct. No. 200532420001
Station KCHK                     )
New Prague, MN                   )                 FRN  0010170587 




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                               Released:  June 1, 
                                                             2005

By the Resident Agent, St. Paul Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

  1.      In this Notice of Apparent Liability for Forfeiture 
     ("NAL"), we find that Ingstad Brothers Broadcasting, LLC 
     ("Ingstad"), licensee of AM station KCHK in New Prague, 
     Minnesota, apparently willfully and repeatedly violated 
     Section 73.1560(a) of the Commission's Rules ("Rules")1 by 
     failing to maintain the antenna input power of an AM station 
     as near as is practical to the authorized antenna input 
     power.  We conclude, pursuant to Section 503(b) of the 
     Communications Act of 1934, as amended ("Act"),2 that 
     Ingstad is apparently liable for a forfeiture in the amount 
     of four thousand dollars ($4,000).

II.  BACKGROUND 

     2.   In response to a complaint, on December 1, 3, 4 and 6, 
2004, an agent from the Commission's St. Paul, Minnesota Field 
Office monitored AM station KCHK in New Prague, Minnesota.  The 
agent took field strength measurements during the afternoon and 
evening and determined that the station switched from daytime 
power to nighttime power at 6:56 PM CST on December 1, 3, 4, and 
6, 2004.  The station's authorization requires that the station 
switch to its nighttime power at local sunset time, which the 
station authorization specifies is 4:30 PM CST during the month 
of December.  

     3.   On December 8, 2004, the agent inspected the station 
and spoke to the General Manager.  The General Manager stated 
that the transmitter was controlled by an automated system and 
that he did not know what time the station was reducing its 
power to the authorized nighttime level.  

III.      DISCUSSION

     4.   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.3  The term 
``repeated'' means the commission or omission of such act more 
than once or for more than one day.4 

     5.   Section 73.1560(a) of the Rules requires broadcast 
stations to maintain the antenna input power of an AM station as 
near as is practical to the authorized antenna input power and 
not less than 90% nor more than 105% of the authorized power.  
Field strength measurements taken in the vicinity of station 
KCHK indicated that the station continued to operate at the 
daytime power level until 6:56 PM CST on December 1, 3, 4, and 
6, 2004, more than two hours after the station was required to 
change to its nighttime power level.  Moreover, during the 
station inspection on December 8, 2004, the General Manager 
stated that he did not know what time the station's automated 
system changed to the nighttime power level. Based on this 
evidence, we find that Ingstad apparently willfully and 
repeatedly violated Section 73.1560(a) of the Rules by failing 
to maintain the antenna input power at the authorized level.

     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 exceeding power limits is $4,000.5  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 violations, and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and 
other such matters as justice may require.6  Applying the 
Forfeiture Policy Statement, Section 1.80, and the statutory 
factors, a $4,000 forfeiture is warranted.

IV.  ORDERING CLAUSES

8.   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, Ingstad Brothers 
Broadcasting, LLC is hereby NOTIFIED of this APPARENT LIABILITY 
FOR A FORFEITURE in the amount of four thousand dollars ($4,000) 
for violations of Section 73.1560(a) of the Rules.7

9.   IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the 
Commission's Rules, within thirty (30) days of the release date 
of this Notice of Apparent Liability for Forfeiture, Ingstad 
Brothers Broadcasting, LLC SHALL PAY the full amount of the 
proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

10.  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 bycheck or money order may be 
mailed to Federal Communications Commission, P.O. 
Box358340,Pittsburgh, PA 15251-8340. Payment by overnight mail 
may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.

     10.  The response, if any, must be mailed to Federal 
Communications Commission, St. Paul Office, P.O. Box 17860, St. 
Paul, MN 55117 within thirty (30) days from the release date of 
this Notice of Apparent Liability for Forfeiture and must 
include the NAL/Acct. No. referenced in the caption.  

     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.  

     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 Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.8

     13.  IT IS FURTHER ORDERED that a copy of this Notice of 
Apparent Liability for Forfeiture shall be sent by Certified 
Mail, Return Receipt Requested, and regular mail, to Ingstad 
Brothers Broadcasting, LLC at its address of record.   
Additionally, a copy is being mailed to the local station 
address, KCHK-KRDS-KYMN, PO Box 251, 25821 Langford Avenue, New 
Prague, MN 56071.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Albert S. Jarratt, Jr.
                              Resident Agent
                              St. Paul Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  73.1560(a).
247 U.S.C.  503(b).  
3Section 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).
4Section 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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
747 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 73.1560(a)
8See 47 C.F.R.  1.1914.