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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                
                                                                       
     In the Matter of                 )                                
                                                                       
     Albino Ortega and Maria Juarez   )        File No.: EB-06-PO-101  
                                                                       
     Licensees of AM Station KIGO     )   NAL/Acct. No.: 200632920003  
                                                                       
     St. Anthony, Idaho               )               FRN: 0011338407  
                                                                       
     Facility ID No. 22622            )                                
                                                                       
                                      )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: September 27, 2006

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Albino Ortega and Maria Juarez, licensees of AM radio station
       KIGO in St. Anthony, Idaho, apparently willfully and repeatedly
       violated Section 73.49 of the Commission's Rules ("Rules") by failing
       to enclose the KIGO antenna tower within an effective locked fence or
       other enclosures. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Albino Ortega and
       Maria Juarez are apparently liable for a forfeiture in the amount of
       seven  thousand dollars ($7,000).

   II. BACKGROUND

    2. On August 1, 2006, an agent from the Enforcement Bureau's Portland
       Resident Agent Office conducted an inspection of the  AM antenna tower
       used by Albino Ortega and Maria Juarez  to broadcast AM station KIGO.
       According to its license, the KIGO antenna tower is series fed and,
       therefore, required to be fenced. Upon inspection of the KIGO antenna
       tower, the Portland agent found that the antenna tower did not have a
       locked fence or any type of barrier surrounding the base of the tower.
       The antenna site, located in Rigby, Idaho, is approximately 3000 feet
       northeast from a residential community.   In addition, the agent noted
       that there was no perimeter fence surrounding the property upon which
       the antenna structure was sited to prevent the public from accessing
       the tower.

    3. On August 2, 2006, the Portland agent again inspected the KIGO tower
       and found that there continued to be no locked fence or any type of
       barrier surrounding the base of the KIGO tower. There also continued
       to be no perimeter property fence surrounding the antenna site to
       prevent the public from accessing the tower.

    4. On August 3, 2006, the Portland agent inspected the KIGO main studio
       in Idaho Falls, Idaho. The agent advised the chief operator on duty
       about the lack of fencing or barriers around the KIGO tower. The chief
       operator acknowledged the lack of fencing and barriers around the
       tower.

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

    6. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas)  must be enclosed within effective locked
       fences or other enclosures.  The KIGO AM antenna tower is series fed.
       In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public."   The
       Portland agent's inspections on August 1, 2006, and August 2, 2006,
       revealed no locked fence or barrier of any type surrounding the base
       of the KIGO tower. The chief operator of KIGO acknowledged the lack of
       fencing to the Portland agent, therefore, the violation was willful.
       The violation occurred on more than one day, therefore it was
       repeated. Based on the evidence before us, we find that Albino Ortega
       and Maria Juarez apparently willfully and repeatedly violated Section
       73.49 of the Rules by failing to enclose the KIGO AM antenna tower
       within an effective locked fence or other enclosure.

    7. 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 amount for failure to maintain an effective AM tower fence is
       seven thousand dollars, $7,000. 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 Albino Ortega
       and Maria Juarez are apparently liable for a seven thousand dollar
       ($7,000) forfeiture.

   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, Albino Ortega and Maria Juarez are
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven thousand dollars ($7,000) for violation of Section
       73.49 of the Rules.

    9. 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, Albino Ortega and Maria
       Juarez, 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 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, Pittsburg, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Portland Resident
       Agent Office, P.O. Box 61469, Vancouver, Washington 98666-1469 and
       must include the NAL/Acct. No. referenced in the caption.

   12. 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.

   13. 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
       12^th Street, S.W., Washington, D.C. 20554.

   14. 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 Albino Ortega and Maria Juarez at
       their address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.49.

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

   The residential community consists of single family homes along several
   county roads in Rigby, Idaho.

   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 73.49.

   Review of the Technical an Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P6 (1986)
   ("Report and Order").

   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, 1.80, 73.49.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission