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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
     In the Matter of              )                                
                                           File Nos.: EB-06-PO-095  
     Sandhill Media Group, LLC     )                                
                                                      EB-06-PO-096  
     Licensee of AM Station KUPI   )                                
                                       NAL/Acct. No.: 200632920004  
     Ammon, Idaho                  )                                
                                                   FRN: 0009807074  
     Facility ID No. 55238         )                                
                                                                    
                                   )                                


                  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 Sandhill Media Group, LLC ("Sandhill"), licensee of radio station
       KUPI-AM, in Ammon, Idaho, apparently repeatedly violated Section 73.49
       of the Commission's Rules ("Rules") by failing to enclose the KUPI-AM
       antenna towers within effective locked fences or other enclosures. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Sandhill is apparently liable for a
       forfeiture in the amount of seven  thousand dollars ($7,000).

   II. BACKGROUND

    2. On August 3, 2006, an agent from the Enforcement Bureau's  Portland
       Resident Agent Office inspected antenna towers used by Sandhill  to
       broadcast AM station KUPI. KUPI-AM is a directional AM station, which
       uses three antenna towers to broadcast its signal: antenna structure #
       1042078, antenna structure # 1042029, and antenna structure #1042030.
       According to its license, the KUPI-AM antenna towers are series fed
       and, therefore, required to be fenced.   Upon inspection of the
       antenna towers, the agent found that there were no effective locked
       fences or other barriers surrounding the base of antenna structure
       #1042078, or the base of  antenna structure #1042029. At antenna
       structure # 1042078, such large sections of the fence were missing
       that the tower was easily accessible on two sides. At antenna
       structure # 1042029, fencing existed on only one side of the tower,
       making the tower easily accessible on three sides.  The agent observed
       that large sections of the existing fences surrounding the two towers
       were missing, while others were  lying on the ground.  The agent also
       noted that there was a perimeter fence made up of four strands of
       barbed wire surrounding  the entire  KUPI-AM antenna site, but that
       the main gate of that fence was unlocked and wide open.   The KUPI-AM
       antenna site is adjacent to an auto wrecking yard and an industrial
       manufacturer of concrete sewer pipes and blocks.  Later that day, the
       Portland agent contacted the KUPI-AM  chief engineer about the
       condition of the fencing surrounding two of the three KUPI-AM towers.

    3. On September 8, 2006, the Portland agent contacted the KUPI-AM chief
       engineer to inquire about the condition of the fencing surrounding the
       two KUPI-AM towers. On September 18, 2006, the KUPI-AM  chief engineer
       responded via email to the Portland agent that all repairs to the
       fences were made on August 10, 2006. The chief engineer attached
       photographs of the fences to the email, to show the repairs that were
       made, and to show that a lock had been installed at the main gate of
       the perimeter fence.

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

    5. 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.  Individual tower fences need not be
       installed if the towers are contained within a protective property
       fence.  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."  At the time
       of the inspection on August 3, 2006,  a perimeter fence existed around
       the KUPI-AM towers, but the gate to the perimeter fence was unlocked
       and open, therefore, the perimeter fence did not qualify as a
       protective property fence.  Because the perimeter fence was not
       effective, the base fences around the individual AM towers must be
       effective.

    6. The KUPI-AM antenna towers are series fed and, pursuant to Section
       73.49, each of the three KUPI-AM towers  must be enclosed within an
       effective locked fence or other enclosure. Only one of the three
       towers, however, was properly enclosed. The other two towers, antenna
       structure # 1042078 and antenna structure # 1042029, each had sections
       of their fences missing, making both towers easily accessible to the
       general public. This is of particular concern, given that the KUPI-AM
       antenna site is adjacent to an industrial and commercial area.   Two
       of the KUPI-AM towers lacked effective locked fencing or other
       enclosures for more than one day.   Additionally, Sandhill's failure
       to properly enclose an AM tower used by KUPI-AM occurred more than
       once. For these reasons, Sandhill's violation is repeated. Based on
       the evidence before us, we find that Sandhill apparently repeatedly
       violated Section 73.49 of the Rules by failing to enclose two of the
       KUPI-AM antenna towers within effective locked fences or other
       enclosures.

    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 Sandhill is
       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, Sandhill is 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, Sandhill, 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 Sandhill Media Group, LLC at its
       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 base fence around antenna structure # 1042030 was effective.

   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.

   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").

   See Metropolitan Radio Group, 19 FCC Rcd 11846 (EB 2004).

   See Butterfield Broadcasting Corporation, 20 FCC Rcd 20237 (EB 2005).

   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

                                       4

   Federal Communications Commission