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


In the Matter of                 )    File No.:  EB-01-DV-388
                                )
Sam Bushman                      )    NAL/Acct. No. 200232800003
Licensee, Station KNAK(AM)       )
Delta, Utah                      )    FRN 0003-7785-45


                  MEMORANDUM OPINION AND ORDER

   Adopted:  December 10, 2002          Released:  December 12, 
2002

By the Chief, Enforcement Bureau:

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
rescind a  seven  thousand  dollar ($7,000)  Notice  of  Apparent 
Liability for Forfeiture (``NAL'')1 issued to Sam Bushman  (``Mr. 
Bushman'')  for  apparently  violating   Section  73.49  of   the 
Commission's Rules (``Rules'').2  The alleged violation  involved 
Mr. Bushman's  failure  to  provide  an  effective  locked  fence 
enclosure for the station's antenna structure.

     2.   On  May  17,  2002,   the  District  Director  of   the 
Commission's Denver, Colorado Field Office issued the NAL to  Mr. 
Bushman.  On  August  1,  2002, the  Chief,  Enforcement  Bureau, 
issued a Forfeiture Order3  affirming the forfeiture proposed  by 
the NAL.  The Forfeiture  Order stated that  Mr. Bushman had  not 
filed a response,  and we  affirmed the forfeiture  based on  the 
information  before  us.   Mr.  Bushman  filed  a  petition   for 
reconsideration on September 3, 2002.  

     3.   We have reviewed the additional facts set forth in  Mr. 
Bushman's petition and conclude that, under principles of  equity 
and fairness, rescission of the $7,000 forfeiture is warranted.  

     4.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act  and Section 1.80(i) of  the Rules, the  $7,000 
forfeiture issued  to  Mr. Sam  Bushman  IS RESCINDED,  and  that 
pursuant to Section 1.106 of  the Rules,4 Mr. Bushman's  petition 
for reconsideration IS GRANTED.

     5.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail,  Return Receipt Requested, to  counsel 
for Mr. Sam Bushman, Barry D.  Wood, Esq., Wood, Maines &  Brown, 
Chartered, 1827 Jefferson  Place, N.W.,  Washington, D.C.  20037, 
and to Mr. Sam Bushman, P.O. Box 636, 315 East 300 South,  Delta, 
Utah, 84624.
                    FEDERAL COMMUNICATIONS COMMISSION

                         


                         David H. Solomon
                         Chief, Enforcement Bureau





_________________________

1 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232800003 (Enf.  Bur. Denver  Field Office,  released May  17, 
2002).
2 47 C.F.R.  73.49.
3 Sam Bushman, 17 FCC Rcd 14560 (EB 2002).
4 47 C.F.R.  1.106.