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1. The Enforcement Bureau of the Federal
Communications Commission and Bronco Broadcasting Co., Inc.
(``Bronco'') hereby enter into this Consent Decree for the
purpose of terminating a forfeiture proceeding arising from
an investigation of Bronco, for alleged violations of 47
C.F.R. §§ 11.35(a), 73.61(a), 73.62(b)(3), and
2. On August 4, 2000, FCC field agents from the
Enforcement Bureau's Kansas City Field Office inspected
KIRL. This inspection uncovered violations pertaining to
station logs, failure to take field intensity measurements,
operation with excessive field intensity, and failure to
maintain an issues-programs listing. See 47 C.F.R.
§§11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12). The
station logs documented Emergency Alert System (``EAS'')
tests from only one of two required sources with no
explanation as to why the tests were missing. During the
inspection, the station's contract engineer stated that
KIRL's nighttime power needed to be reduced to 55% of
authorized power to maintain the field intensities within
authorized limits. However, station KIRL was maintaining
95% of authorized power and four out of five monitoring
points were found with excessive field intensity. According
to the station office manager, the issues-programs listing
was not being compiled, and no listing was found in the
public inspection file. On August 10, 2000, the Kansas City
Field Office issued a Notice of Violation (``NOV'') to
Bronco for these violations, with a response due within ten
days. A signed receipt was returned by the U.S. Postal
Service indicating delivery of the NOV on August 12, 2000.
The Kansas City Field Office did not receive a reply to the
NOV from the licensee.
3. On August 31, 2000, Commission staff issued a
Notice of Apparent Liability in the amount of $15,000 for
apparent violations of sections 11.35(a), 73.61(a),
73.62(b)(3), and 73.3526(e)(12) of the Commission's Rules
for failure to make appropriate entries in the broadcast
station log indicating the reasons why EAS tests were not
received, for failure to make field intensity measurements
at each designated monitoring point location on KIRL's
nighttime directional array as often as necessary to
maintain compliance with the station authorization, for
failure to lower power or terminate operation when the field
intensity exceeded the maximum authorized field intensity at
several monitoring points on KIRL's nighttime directional
array, and for failure to compile a list of programs that
have provided the station's most significant treatment of
community issues each calendar quarter.
4. For the purposes of this Consent Decree, the
following definitions shall apply:
a. The ``Commission'' means the Federal
b. The ``Bureau'' means the Enforcement Bureau of
c. ``Bronco'' means Bronco Broadcasting Co., Inc.,
licensee of standard broadcast station KIRL, St.
d. The ``Order'' means the Bureau's order adopting
this Consent Decree.
e. ``Enforcement Proceeding'' means the
investigation of alleged rule violations by
Bronco culminating in the Notice of Apparent
f. ``Notice of Apparent Liability'' means Bronco
Broadcasting Co., Inc., NAL/Acct. No. X3256-001
(Enf. Bur., Kansas City Office, rel. Aug. 31,
5. Bronco acknowledges and agrees that the Bureau has
jurisdiction over the matters referenced in this Consent
Decree and that the Bureau has the authority to enter into
and adopt this Consent Decree.
6. Bronco and the Bureau agree that this Consent
Decree does not constitute an adjudication of the merits, or
any finding on the facts or law regarding any violations
committed by Bronco arising out of the Enforcement
Proceeding, and that it is not to be construed as an
admission of any violation by Bronco.
7. Bronco and the Bureau agree to the following:
a. Within thirty (30) days of the release date
of the Order, Bronco will file an application
with the Mass Media Bureau to cancel its
b. Bronco will make a voluntary contribution to
the U. S. Treasury by paying six (6) equal
payments of $1,000.00 for a total of $6,000.00.
The first installment payment will be due
thirty (30) days after the Order is released,
with each of the five (5) subsequent payments
due in thirty (30) day intervals thereafter.
8. Within thirty (30) days of the release date of the
Order, Bronco will implement a compliance program to ensure
that no further violation of the Commission's Rules will
occur, with particular attention to those violations set
forth in the Notice of Apparent Liability. The Compliance
Plan will be administered by Mrs. Virginia White, with
assistance from Ms. Sharon Walters. The plan is set forth
in Attachment A hereto.
9. Bronco and the Bureau acknowledge and agree that
this Consent Decree shall constitute a final settlement
10. In express reliance upon the covenants and
representations contained herein, the Bureau agrees to
terminate the Enforcement Proceeding at such time as both
parties sign this Consent Decree.
11. Bronco waives any and all rights it may have to
seek administrative or judicial reconsideration, review,
appeal or stay, or to otherwise challenge or contest the
validity of this Consent Decree and the Order adopting this
Consent Decree, provided the Order adopts the Consent Decree
12. In the event that the Commission or its delegated
authority find that Bronco violates Sections 11.35(a),
73.61(a), 73.62(b)(3), and 73.3526(e)(12) of the Rules
subsequent to the release of this Consent Decree and Order,
Bronco agrees that the Commission or its delegated authority
may consider the violations documented in the Enforcement
Proceeding when determining an appropriate sanction.
13. Bronco and the Bureau agree that the effectiveness
of this Consent Decree is expressly contingent upon issuance
of the Order, provided the Order adopts the Consent Decree
14. Bronco and the Bureau agree that, in the event any
court of competent jurisdiction renders this Consent Decree
invalid, the Consent Decree shall become null and void and
may not be used in any manner in any legal proceeding.
15. Bronco and the Bureau agree that, if the
Commission, or the United States on behalf of the
Commission, brings a judicial action to enforce the terms of
the Order adopting this Consent Decree, neither Bronco nor
the Commission will contest the validity of the Consent
Decree or Order, and Bronco will waive any statutory right
to a trial de novo with respect to the matter upon which the
Order is based, and shall consent to a judgment
incorporating the terms of this Consent Decree.
16. Bronco agrees to waive any claims it may otherwise
have under the Equal Access to Justice Act, 5 U.S.C. § 504
and 47 C.F.R. §§ 1.1501 et seq.
17. Bronco agrees that any violation of the Consent
Decree or the Order adopting this Consent Decree will
constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies
attendant to the enforcement of a Commission order.
18. Any provision of this Consent Decree affected by
or inconsistent with any subsequent rule or order adopted by
the Commission will be superseded by such Commission rule or
19. Bronco and the Bureau agree to be bound by the
terms and conditions stated in this Consent Decree.
20. Bronco and the Bureau agree that the terms and
conditions of this Consent Decree shall remain in effect for
a period of twenty-four (24) months, which shall begin on
the release date of the Order.
21. This Consent Decree may be signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
BRONCO BROADCASTING CO., INC.