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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Barnstable Broadcasting, Inc.   )    File No.  EB-01-KC-678
dba Two Rivers Broadcasting Limited Partnership   )
FM Broadcast Station KGGO      )     NAL/Acct. No.  20013256-003
FM Broadcast Station KJJY      ) 
Antenna Registration #1028734   )    FRN  0003-7827-37
Newton, MA                      )  

                        FORFEITURE ORDER 

Adopted:  December 3, 2001              Released:   December   5, 
2001

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount  of  $16,000  to  Barnstable 
Broadcasting, Inc., (``BBI'') dba Two Rivers Broadcasting Limited 
Partnership  (``Two  Rivers''),  previous  licensee  of  Stations 
KGGO(FM) and  KJJY(FM),  Des Moines  and  West Des  Moines,  Iowa 
respectively1, for  willful and  repeated violation  of  Sections 
11.35(a) and  17.51(b) of  the Commission's  Rules  (``Rules'').2  
The noted violations involved BBI's failure to determine and  log 
the reasons why EAS tests were not being received and its failure 
to maintain antenna lighting  in operational condition.  We  also 
find  that   BBI   failed   to  notify   the   Federal   Aviation 
Administration (``FAA'') of lighting outages.

     2.   On August 3, 2001, the Commission's Kansas City, Kansas 
Field Office  (``Field  Office'')  issued a  Notice  of  Apparent 
Liability for Forfeiture (``NAL'') to BBI for a forfeiture in the 
amount of  sixteen  thousand  dollars ($16,000).3   BBI  filed  a 
response to the NAL on August 30, 2001.4                        II.   BACKGROUND

     3.   On March 20, 2001 an agent from the Commission's  Field 
Office inspected Station KRKQ(FM) and found that the licensee was 
not determining or  logging the  reasons why EAS  tests were  not 
being received.  On  March 28,  2001, the Field  Office issued  a 
Notice of  Violation to BBI for violation of Section 11.35(a)  of 
the Rules.  On April  13, 2001, BBI submitted  a response to  the 
Notice of  Violation, indicating  that steps  had been  taken  to 
correct the  violation.   On May  9,  2001, the  FCC  received  a 
complaint of lighting  outages on an  antenna structure owned  by 
BBI  and  used  by  Station   KGGO(FM).   On  May  9,  2001,   at 
approximately 3:15 p.m., the Field Office notified Mr. Kim Jones, 
manager of KGGO(FM), of the lighting outage.  On May 10, 2001,  a 
station employee notified the FAA of the lighting outage.  

     4.   On May 23, 2001,  BBI provided to  the Field Office  an 
incident report on the lighting  outage.  The report stated  that 
the  auto   reporting   unit  began   providing   ``intermittent, 
inconsistent indications''  of the  tower lighting  a few  months 
earlier, but no  visual inspection  was made until  May 9,  2001.  
The licensee admitted that it failed to detect and  expeditiously 
correct the lighting, failed to inform the FAA of the outage in a 
timely manner,  and failed  to make  proper log  notations.   The 
licensee also stated that the  lighting had been repaired on  May 
22, 2001.

     5.   On May  29,  2001,  an  agent  from  the  Field  Office 
inspected  BBI's  co-located  stations,  KGGO(FM)  and  KJJY(FM).  
During the inspection, the agent observed numerous violations  of 
the Commission's rules including failure to determine and log the 
reasons why  EAS tests  were not  being received  and failure  to 
maintain lighting in  operational condition.  On  June 18,  2001, 
the Field Office  issued a  Notice Of  Violation to  BBI for  the 
violations observed during the May 29, 2001 inspection.  On  July 
13, 2001, BBI submitted  a response to  the Notice Of  Violation.  
On August 3, 2001, the Field Office issued the captioned NAL  for 
the violations.  

     6.   On August 30, 2001, BBI filed its response to the  NAL, 
requesting revision  or  correction of  the  NAL.  BBI  does  not 
dispute our findings of the violations enumerated in the NAL, and 
does not challenge the amount  of the forfeiture.  BBI  disputes, 
however, the factual  characterizations included in  the NAL  and 
requests that they  be corrected  and the NAL  revised.  The  NAL 
states that:

          ``Stations KGGO, KJJY and  three co-owned 
          and co-located  stations  in  this  group 
          were operating  under  a  time  marketing 
          agreement  with  Wilks  Broadcasting  LLC 
          (``Wilks'') per  agreement  dated   March 
          19, 2001.  At the time of the inspection, 
          Two   Rivers    maintained   a    manager 
          responsible for accounts receivable and a 
          receptionist.   All  station  operations, 
          other  than  accounts  receivable,   were 
          under  the  direction  and  oversight  of 
          Wilks.''5  (Emphasis in response to NAL).

BBI claims that the  emphasized statements are inaccurate.6   BBI 
argues that  the  duties  of  its  station  manager  went  beyond 
responsibility solely  for  accounts  receivable,  and  that  its 
station manager ``certainly transcended the de minimis meaningful 
managerial presence.''7    
     7.   BBI further states that  the NAL's characterization  of 
the  station  manager's  duties  suggests  that  BBI  ``abdicated 
control of the  station'' and that  Wilks ``assumed  unauthorized 
control of the station.''  According to BBI, either inference  is 
contrary to the evidence submitted  to the Commission and by  the 
explanation of the station  manager's duties.  Consequently,  the 
licensee requests that  the Commission revise  the NAL to  delete 
the  two  erroneous   sentences.   Alternatively,  the   licensee 
requests that  the  Commission  revise the  NAL  to  reflect  the 
station manager's complete duties and to reflect that all station 
operations, other than  accounts receivable, were  not under  the 
direction or oversight of Wilks.  

                        III.  DISCUSSION

     8.   The forfeiture  amount in  this  case was  assessed  in 
accordance with Section 503 of the Communications Act of 1934, as 
amended  (``Act''),8  Section  1.80   of  the  Rules,9  and   The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 
FCC Rcd  17087  (1997), recon.  denied,  15 FCC  Rcd  303  (1999) 
(``Policy Statement'').   In  examining BBI's  response,  Section 
503(b) of the Act requires that the Commission take into  account 
the nature, circumstances,  extent and gravity  of the  violation 
and, with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and other such matters 
as justice may require.10     

     9.   In light of the facts of this case and BBI's failure to 
refute our findings regarding the violations we conclude that BBI 
violated Sections  11.35(a)  and  17.51(b)  of  the  Commission's 
Rules.  Accordingly,  we assess  a forfeiture  in the  amount  of 
$16,000.  With respect  to BBI's  request regarding  the NAL,  we 
strike from the record  in this proceeding  the sentences in  the 
NAL that, ``At the time of the inspection, Two Rivers  maintained 
a   manager   responsible   for   accounts   receivable   and   a 
receptionist.'' and ``All station operations, other than accounts 
receivable, were under the direction and oversight of Wilks.''                         IV. ORDERING CLAUSES

     10.  ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
503 of the Act, and Sections  0.111, 0.311 and 1.80(f)(4) of  the 
Rules,11  Barnstable   Broadcasting,   Inc.,   dba   Two   Rivers 
Broadcasting  Limited  Partnership  IS  LIABLE  FOR  A   MONETARY 
FORFEITURE in the  amount of sixteen  thousand dollars  ($16,000) 
for failure to determine and log  the reasons why EAS tests  were 
not  being  received   and  failure  to   maintain  lighting   in 
operational  condition  in  willful  and  repeated  violation  of 
Sections 11.35(a) and 17.51(b) of the Rules.

     11.  IT IS FURTHER  ORDERED that, the  underlying Notice  of 
Apparent Liability for Forfeiture issued in this proceeding  will 
be revised  as  indicated  above,  and  unchanged  in  all  other 
respects. 

     12.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.12  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 20013256-003, and  the FRN 0003-7827-37.   Requests 
for full payment  under an  installment plan should  be sent  to: 
Chief, Revenue and Receivables Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.13

     13.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail Return Receipt Requested to  Barnstable 
Broadcasting,  Inc.   dba   Two   Rivers   Broadcasting   Limited 
Partnership, 2 Newton Executive Park,  Newton, MA, 02162, and  to 
Allan  G.  Moskowitz,  Esq.,  Kaye  Scholer  LLP,  The  McPherson 
Building, 901 Fifteenth Street, NW, Washington, D.C. 20005.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1   On  March  19, 2001,  BBI  entered into  a  Time  Brokerage 
Agreement with Wilks Broadcasting LLC (``Wilks'') pursuant to  an 
Asset Purchase  Agreement  to  assign the  licenses  of  Stations 
KBGG(AM), KGGO(FM), KHKI(FM),  KRKQ(FM), and  KJJY(FM) to  Wilks.  
The Commission  approved the  assignment applications  on May  7, 
2001. 

     2 47 C.F.R.  11.35(a) and 17.51(b).   

  3   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
20013256-003  (Enf.  Bur.,  Kansas  City,  Kansas  Field  Office, 
released August 3, 2001). 

  4   Although BBI's filing is styled as a ``Petition for Limited 
Reconsideration of Notice of Apparent Liability for Forfeiture,'' 
we will treat its filing as a response to the NAL.  See 47 C.F.R. 
 1.80(f)(3). 

  5   NAL, Page 5.  The page  that is noted as ``5'' is  actually 
the third page of the document. 

  6   BBI states that, during the Time Brokerage Agreement, BBI's 
station manager  had  the  following  duties:   monitored  Wilks' 
programming to ensure  compliance as required  in Time  Brokerage 
Agreement;  maintained  and  filed  all  public  file  documents; 
coordinated all required broadcast and print local public notices 
following the filing of the applications to assign the  stations' 
licenses to Wilks; worked with Wilks' employees, specifically the 
Chief Operator and engineer to address necessary action to ensure 
FCC compliance after the March  28, 2001 Notice Of Violation  was 
issued; reviewed all station logs to confirm compliance with  FCC 
rules after the May  29, 2001 FCC inspection;  paid all fees  and 
expenses  relating  to  the  operation  and  maintenance  of  the 
station; paid all  salaries, taxes  and insurance  and all  other 
costs related to the licensee's personnel; reviewed and paid  all 
licensee invoices  and collected  reimbursable amounts  from  the 
Time Broker;  addressed  employee concerns  regarding  vacations, 
severance, and  benefits, etc.  arising from  the Time  Brokerage 
Agreement  transition  period;  supervised  the  collection   and 
recording of accounts  receivable monies during  the term of  the 
Time Brokerage Agreement; researched and  provided a list of  all 
contracts which  were open  at  the time  of the  Time  Brokerage 
Agreement; reported regularly to  BBI regarding employee  issues, 
programming matters  etc.; and  distributed the  Emergency  Alert 
System Handbook to be posed at all operators' stations.

  7  Jones  Eastern of  the  Outerbanks,  Inc., 7  FCC  Rcd  6800 
(1992). 

  8 47 U.S.C.  503(b).

  9 47 C.F.R.  1.80.

  10 47 U.S.C.  503(b)(2)(D).

  11  47 C.F.R.  0.111, 0.311, 1.80(f)(4). 

     12 47 U.S.C.  504(a).

     13 See 47 C.F.R.  1.1914.