Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Alpine Broadcasting Corporation ) File No. EB-08-KC-0351

   Licensee of Radio Stations  KCTO and KCXL )

   Facility ID #1162, Liberty, MO and ) NOV No. V200932560001

   Facility ID #136386, Cleveland, MO )



                              NOTICE OF VIOLATION

                                                   Released: November 7, 2008

   By the District Director, Kansas City Office, South Central Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules ("Rules") to Alpine Broadcasting
       Corporation ("Alpine"), licensee of radio stations  KCTO, Cleveland,
       MO and KCXL, Liberty, MO.

    2. On October 30, 2008 and November 3, 2008, agents of the Commission's
       Kansas City Office of the Enforcement Bureau inspected radio station
       KCTO located at Cleveland, MO, and co-owned station KCXL, Liberty, MO
       and observed the following violation(s):

     a. 47 C.F.R. S: 73.1125(a): "... each AM... broadcast station shall
        maintain a main studio at one of the following locations: (1) Within
        the station's community of license; (2) At any location within the
        principal community contour of any AM, FM or TV broadcast station
        licensed to the  station's community of license; or (3) Within
        twenty-five miles from the reference coordinates of the center of its
        community of license..."  "A station must equip the main studio with
        production and transmission facilities that meet applicable
        standards, maintain continuous program transmission capability, and
        maintain a meaningful management and staff presence." The Commission
        has defined a minimally acceptable "meaningful presence" as full-time
        managerial and full-time staff personnel.

   At the time of these inspections,  station management  stated that the
   main studio for station KCTO was located at the office of an accountant,
   3001 N. Hwy 291, Suite 6, Harrisonville, MO.  However, no signage
   designating that location as the KCTO main studio was made or posted until
   after the inspection began, and that signage was a small piece of paper
   taped to the door window where it was not clearly visible to vehicles
   passing that location. According to station management, the main studio
   was staffed by the accountant/manager from 10 AM - 5 PM or 9 AM - 4 PM,
   Monday through Friday, but the main studio had no posted business hours.
   No other station employees staffed the main studio. 

     b. 47 C.F.R. S: 73.1125(e): "Each AM... broadcast station shall maintain
        a local telephone number in its community of license or a toll-free
        number."   On October 30, 2008, according to station management, the
        licensee did maintain a toll-free telephone number for station KCTO.
        However, according to senior management, the toll-free number was not
        available through directory assistance, was not posted in local phone
        books, was not aired on KCTO, and was not published in media where it
        would be available to the public. When the agents called that number
        on October 30, 2008, it was answered at the Liberty, MO studio for
        station KCXL, not at the KCTO studio. When the number was called
        again on November 3, 2008, it was answered by the accounting office
        in Harrisonville. According to the accountant, who is also the KCTO
        station manager, he has no way of determining if the incoming call is
        to the KCTO phone number or for the number associated with his
        accounting business, so he answers all calls as if they are for his
        accounting office.

     c. 47 C.F.R. S: 11.35(a):  "... EAS Participants must determine the
        cause of any failure to receive the required tests or activations ...
        Appropriate entries indicating reasons why any tests were not
        received must be made in the broadcast station log..." At the time of
        inspection, the separate station logs for both KCTO and KCXL for the
        period of 5/1/08 to 10/30/08 documented several weeks where only one
        of the two required weekly tests or actual EAS activation had been
        received by the station. No entries were found documenting the
        reasons why no test or activation had been received from their second
        monitoring source during those weeks.

     d. 47 C.F.R. S: 73.1870(c):   "The chief operator is responsible for
        completion of the following duties... Review of the station records
        at least once each week to determine if required entries are being
        made correctly. Additionally, verification must be made that the
        station has been operated as required by the rules or the station
        authorization. Upon completion of the review, the chief operator or
        his designee must date and sign the log, initiate any corrective
        action which may be necessary, and advise the station licensee of any
        condition which is repetitive." At the time of the inspection on
        October 30, 2008, the station's chief operator had been reviewing the
        station logs for both stations for EAS activations, and had signed
        and dated the logs, but had not taken necessary corrective actions.
        The EAS logs clearly indicated that on several weeks during the
        period of May 1, 2008 through October 30, 2008 only one EAS
        activation had been logged, when two or more should have been
        received. The chief operator did not note the missing EAS activations
        and took no corrective action to determine why some EAS activations
        were not being received. It is further noted that this violation is
        repetitive as the last inspection of Alpine-owned station KCXL,
        conducted on 12/13/96 found that no station operator was reviewing
        the KCXL logs or taking corrective actions.

     e. 47 C.F.R. S: 73.3526(e)(9):   "All written comments and suggestions
        received from the public regarding operation of the station, unless
        the letter writer has requested that the letter not be made public or
        when the licensee feels that it should be excluded from public
        inspection because of the nature of its content, such as defamatory
        or obscene letter. Letters and electronic mail message shall be
        retained [in the public inspection file] for a period of three years
        form the date on which they are received by the licensee." On October
        30, 2008, the KCXL public inspection file did not contain any letters
        or emails from the public. A folder containing that material was
        later found in another location in the KCXL studios, but those were
        not provided upon initial request to view the entire public
        inspection file. On November 3, 2008, the inspection of the KCTO
        public inspection file found no folder containing letters or emails.

     f. 47 C.F.R. S: 73.49:   "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. Ready access must be provided to each antenna tower base
        for meter reading and maintenance purposes at all times. However,
        individual tower fences need not be installed if the towers are
        contained within a protective property fence." At the time of
        inspection of station KCXL, the gate to the tower fence had a large
        gap underneath it allowing unobstructed access to the tower base.
        According to the station manager, a piece of the fencing, found
        nearby, must have been knocked off recently and the manager was able
        to resecure the fencing at the time of inspection. However, it was
        noted that the overall condition of the fencing around this tower was
        severely deteriorated and providing a minimally effective enclosure.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Alpine
       Broadcasting Corporation, must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response must fully explain each violation, must contain a statement
       of the specific action(s) taken to correct each violation and preclude
       recurrence, and should include a time line for completion of pending
       corrective action(s). The response must be complete in itself and
       signed by a principal or officer of the licensee. All replies and
       documentation sent in response to this Notice should be marked with
       the File No. and NOV No. specified above, and mailed to the following

   Federal Communications Commission

   Kansas City Office

   520 N.E. Colbern Rd., 2nd Floor

   Lees Summit, MO 64086

    4. This Notice shall be sent to Alpine Broadcasting Corporation at its
       address of record.

    5. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Robert C. McKinney

   District Director

   Kansas City District Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   Main Studio and Program Origination Rules, Memorandum Opinion and Order, 
   3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6
   FCC Rcd 3615, 3616 (1991), clarified 7 FCC Rcd 6800 (1992).

   47 U.S.C. S: 308(b).

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission