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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                               
                                                                    
     In the Matter of               )                               
                                                                    
     Midwest Radio Corporation      )     File Number EB-04-DV-377  
                                                                    
     Licensee of Station KWYR(AM)   )   NAL/Acct. No. 200632800001  
                                                                    
     Winner, South Dakota           )               FRN 0007557408  
                                                                    
     Facility ID #42112             )                               
                                                                    
                                    )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: June 5, 2006

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Midwest Radio Corporation ("Midwest"), licensee of station
       KWYR(AM), in Winner, South Dakota, apparently willfully and repeatedly
       violated Section 73.1745(a) of the Commission's Rules ("Rules") by
       failing to operate KWYR(AM) in accordance with the station's
       authorized power and hours of operation specified on the license. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Midwest is apparently liable for a
       forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. KWYR(AM) is authorized to operate with a non-directional pattern on
       1260 kHz with 5,000 watts during daytime hours and 146 watts during
       nighttime hours. Daytime is defined as the "period of time between
       local sunrise and local sunset" and nighttime is defined as the period
       "between local sunset and local sunrise." In Winner, South Dakota,
       during the month of August, local sunrise occurs at 6:45 a.m. and
       local sunset occurs at 8:45 p.m. KWYR(AM) is also authorized to
       operate under a presunrise service authorization ("PSRA") and a
       postsunset service authorization ("PSSA"). In the month of August,
       KWYR's PSRA authorization allows the station to operate at 500 watts
       between 6:00 a.m. and 6:45 a.m., and KWYR(AM)'s PSSA authorization
       allows the station to operate, between 239 watts and 146.7 watts,
       during the hours of 8:45 p.m. to 10:45 p.m.

    3. In response to a complaint, an agent from the Enforcement Bureau's
       Denver Office monitored the field strength levels of station KWYR(AM)
       between August 3 and 5, 2005. The agent recorded field strength
       measurements at a location approximately 0.7 miles from the KWYR(AM)
       transmitter site. On August 3, 2005, at 8:10 p.m., the agent recorded
       a field strength measurement of 680 mV/m at the site. On August 4,
       2005, at 6:58 p.m., the agent recorded a field strength measurement of
       680 mV/m at the site. Later that evening, at 9:19 p.m., the agent
       recorded a field strength measurement of 650 mV/m at the site.

    4. On August 5, 2005, at 5:48 a.m., the Denver agent recorded a field
       strength measurement of 660 mV/m at the same site. The agent then
       conducted an inspection of the KWYR studio and transmitter site. At
       the time of inspection, station personnel demonstrated to the agent
       that KWYR(AM) was operating at 350 watts nighttime power and 4,400
       watts daytime power. The agent made field strength measurements during
       the inspection at the original observation site located at a distance
       of approximately 0.7 miles from the transmitter site. The resulting
       measurements when KWYR(AM) was operating at 4,400 watts was 660 mV/m,
       and 210 mV/m, when KWYR(AM) was operating at 350 watts.

    5. During the inspection, the Denver agent interviewed the owner of
       Midwest, Scott Schramm ("Schramm"). Schramm indicated that KWYR(AM)
       had been having problems with its remote control of the transmitter
       and power changes. Both sunrise and sunset power transitions required
       a manual changeover at the transmitter site. Schramm acknowledged that
       was not being done as often as required.

    6. The agent also reviewed the KWYR(AM) station technical operating logs.
       These logs revealed that KWYR(AM) had a consistent pattern of
       operating significantly above its authorized nighttime power for
       several months prior to the inspection.

   III. DISCUSSION

    7. 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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    8. The Rules state 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. Specifically, Section 73.1745(a) of the Commission's Rules
       states that no broadcast station shall operate at times or with modes
       or power, other than those specified and made part of the license.
       During the month of August, KWYR(AM) is authorized to operate at 5000
       watts between 6:45 a.m. and 8:45 p.m. After 8:45 p.m., and before 6:45
       a.m., KWYR(AM) is authorized to operate between 146 and 500 watts.

    9. On August 4, 2005, at 9:19 p.m., a Denver agent measured KWYR(AM)'s
       power level at 650 mV/m, at 0.7 miles from the KWYR(AM) transmitter.
       On August 5, 2005, at 5:48 a.m., the agent measured KWYR(AM)'s power
       level at 660 mV/m at the same location. Later that day, the agent
       measured KWYR(AM)'s daytime power level at 660 mV/m at 11:40 a.m.,
       when the station was operating at 4400 watts. Therefore, KWYR(AM)'s
       nighttime operations on August 4 and 5, 2005, exceeded KWYR(AM)'s
       authorized nighttime power by approximately 3000%. Station personnel
       demonstrated the nighttime power of KWYR(AM) to the agent at 350 watts
       instead of the licensed 146 watts. Additionally, a review of the
       KWYR(AM)'s technical logs revealed that Midwest operated KWYR(AM) at a
       power level that exceeded KWYR(AM)'s authorized nighttime power on
       other dates prior to the Denver agent's inspection. Also, the owner of
       Midwest acknowledged to the Denver agent that the sunrise and sunset
       power transitions were not performed at the station as often as
       required.

   10. Midwest was aware of KWYR(AM)'s failure to consistently change power
       levels at sunrise and sunset times, therefore, Midwest's violation is
       willful. The violation occurred on more than one day, therefore, it is
       repeated. Based on the evidence before us, we find that Midwest
       apparently willfully and repeatedly violated Section 73.1745(a) of the
       Rules by failing to adhere to the station's authorized power and hours
       of operation specified on the KWYR(AM) license.

   11. 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. 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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Midwest  is apparently liable for a  $4,000
       forfeiture.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Midwest Radio Corporation is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four  thousand dollars ($4,000) for violations of Sections
       73.1745(a) of the Rules.

   13. 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, Midwest Radio Corporation
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver Office, 215 S.
       Wadsworth Blvd., Suite 303, Lakewood, Colorado, 80226 and must include
       the NAL/Acct. No. referenced in the caption.

   16. 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.

   17. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   18. 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 Midwest Radio Corporation at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1745(a).

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

   Authorized power levels are specified on station license BZ-910418AG and
   authorized hours of operation are specified on station license
   BZ-801020AH.

   47 C.F.R S 73.14.

   All times indicated are local Central Daylight Savings Time.

   Specifically, KWYR(AM) is authorized to operate at 239 watts, between 8:45
   p.m. and 9:15 p.m.; at 183.1 watts, between 9:15 p.m. and 9:45 p.m.; and
   at 146.7 watts, between 9:45 p.m. and 10:45 p.m.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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. S 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."

   47 C.F.R. S 73.1745(a).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1745(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission