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   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of                       )                                
                                                                             
     Boulder Community Broadcast            )                                
     Association, Inc.                            File Number: EB-07-DV-193  
                                            )                                
     Licensee of KGNU                           NAL/Acct. No.: 200832800002  
                                            )                                
     Denver, Colorado                                       FRN: 0006024319  
                                            )                                
     Facility ID# 31349                                                      
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                 Released: December  21, 2007

   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 Boulder Community Broadcast Association, Inc. ("BCBA"), in
       Boulder, Colorado, apparently willfully and repeatedly violated
       Section 73.1745(a) of the Commission's Rules ("Rules") by failing to
       operate KGNU(AM) in accordance with the station's authorized power as
       specified on the station's license. We conclude, pursuant to Section
       503(b) of the Act, that BCBA is apparently liable for a forfeiture in
       the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. KGNU(AM) is authorized to operate with a non-directional pattern on
       1390 kHz with 5000 watts during daytime hours and 139 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 Denver, Colorado, during
       the month of April, local sunrise occurs at 6:30 a.m., and local
       sunset occurs at 7:45 p.m.

    3. On April 26, 2007, in response to a complaint, an agent from the
       Enforcement Bureau's Denver Office monitored KGNU(AM) through the
       post-sunset nighttime hours with a spectrum analyzer, and determined
       that KGNU(AM) failed to reduce its power to its licensed nighttime
       power level of 139 watts. The agent continued monitoring the station
       on April 27, 28 and 29, 2007, throughout the post-sunset nighttime
       hours and determined that on each night, KGNU(AM) failed to reduce its
       power to its licensed nighttime power of 139 watts.

    4. On April 30, 2007, a Denver agent contacted KGNU about the over-power
       operation. KGNU(AM)'s engineer indicated to the agent that a March 16,
       2007, software update had corrupted the remote control input and
       output systems. According to the KGNU(AM) engineer, this meant that
       the system was unable to switch the transmitter to low power at sunset
       or switch to full power at sunrise. It also meant that the system was
       no longer able to dial out to the preprogrammed BCBA numbers to inform
       station personnel that the transmitter had failed to reduce power at
       sunset.

    5. On May 4, 2007, a Denver agent contacted KGNU(AM), requesting to
       review the station's logs covering April 1 through May 3, 2007. On May
       9, 2007, a representative of KGNU(AM) provided the Denver Office with
       a letter acknowledging the remote control failure and the immediate
       actions undertaken by KGNU(AM) to fully restore the remote control
       system, including manually ensuring the power was reduced at the
       station at sunset. Also, KGNU(AM) provided copies of remote control
       telemetry readings for the period January 18, 2007, to April 24, 2007,
       that confirmed KGNU(AM)'s remote control problems.

    6. On December 7, 2007, Denver agents inspected KGNU(AM)'s operations at
       the transmitter site and viewed additional remote control telemetry
       readings on the station's remote control unit that showed KGNU(AM)
       operated with daytime power levels of 5000 watts 24 hours a day for
       the period from March 17, 2007, to April 30, 2007. The station's
       remote control readings directly corresponded to the Denver agent's
       observations from April 26, 2007, through April 29, 2007, of KGNU(AM)
       operating at power levels exceeding its authorized nighttime power
       during nighttime hours.

   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 April, KGNU(AM) is authorized to operate at 5000
       watts between 6:30 a.m., and 7:45 p.m. After 7:45 p.m., and before
       6:30 a.m., KGNU(AM) is authorized to operate at 139 watts.

    9. Between April 26, 2007, and April 29, 2007, monitoring by a Denver
       agent revealed that KGNU(AM) was not reducing its operating power
       after 7:45 p.m., as required by its authorization. Further
       investigation by Denver agents revealed that telemetry readings made
       by KGNU(AM) showed that KGNU(AM) was operating at 5000 watts 24 hours
       a day, from March 17, 2007, to April 30, 2007, confirming the Denver
       agent's observations between April 26, 2007, and April 29, 2007.  BCBA
       was aware of the requirement to operate KGNU(AM) at the power levels
       authorized on its license, but failed to do so. Therefore, the
       violation was willful. The violation occurred on more than one day, 
       therefore, the violation was repeated.

   10. 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 per
       violation. In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(E) 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 BCBA  is
       apparently liable for a  $4,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Boulder Community Broadcast
       Association, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of four thousand dollars ($4,000) for
       willfully and repeatedly violating Section 73.1745(a) of the Rules. 

   12. 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, Boulder Community
       Broadcast Association, 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 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.

   14. 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.

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

   17. 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 Boulder Community Broadcast
       Association, Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver District Office

   Western Region

   Enforcement Bureau

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

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

   47 C.F.R. S: 73.14.

   All times indicated are local Mountain Daylight Savings Time.

   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.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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