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


In the Matter of                        )         
                              )         File No.: EB-01-DV-435
Mount Rushmore Broadcasting, Inc.                    )                         
NAL/Acct. No. 200232800005
                              )         FRN 0005-0081-23
Licensee, Station KZMX (FM)                     )
Hot Springs, South Dakota                         )         
Facility ID #46712                 )

                  MEMORANDUM OPINION AND ORDER

Adopted:  June 6, 2003                  Released:  June 10, 2003

By the Chief, Enforcement Bureau:

                         I. INTRODUCTION

     1.   In this  Memorandum Opinion and  Order (``Order''),  we 
          deny  the   petition  for   reconsideration  filed   on 
          November  29,  2002, by  Mount  Rushmore  Broadcasting, 
          Inc.,  (``Mount  Rushmore'').   Mount  Rushmore   seeks 
          reconsideration of the  Forfeiture Order1 in which  the 
          Chief,  Enforcement   Bureau  (``Bureau''),  found   it 
          liable  for a  monetary  forfeiture in  the  amount  of 
          $3,000 for  willful violation of  Sections 73.1350  and 
          73.1400 of  the Commission's  Rules (``Rules'').2   The 
          noted violations involve Mount Rushmore's inability  to 
          access  its station's  power and  modulation levels  by 
          remote control from  the main studio, its inability  to 
          turn  its station's  transmitter on  or off  by  remote 
          control  from  the  main  studio  and  its  failure  to 
          establish  monitoring   procedures  and  schedules   to 
          determine   compliance   with   operating   power   and 
          modulation levels.

                         II. BACKGROUND

     2.   Mount Rushmore is the licensee of Station KZMX(FM), Hot 
Springs, South  Dakota.  On  April  6, 2001,  an agent  from  the 
Commission's Denver, Colorado,  Field Office (``Denver  Office'') 
inspected station KZMX-FM.  During the inspection the agent found 
that station personnel were unable to access the station's  power 
and modulation levels  by remote  control from  the main  studio, 
that  station  personnel  were  unable  to  turn  the   station's 
transmitter on or off by remote control from the main studio  and 
that Mount Rushmore had not established monitoring procedures and 
schedules to determine compliance  with the prescribed  operating 
power and modulation levels.

     3.   On January 2, 2002, the  Denver Office issued a  Notice 
of Violation  (``NOV'')  to  Mount Rushmore  for  the  violations 
detected during  the inspection.   In its  response to  the  NOV, 
Mount Rushmore stated that it had corrected the violations.

     4.   On May 31,  2002, the District  Director of the  Denver 
Office issued  a  Notice  of Apparent  Liability  for  Forfeiture 
(``NAL'')3 in  the  amount of  $3,000  for willful  violation  of 
Sections 73.1350 and  73.1400 of the  Rules.  Mount Rushmore  did 
not file a response to the NAL.  The Bureau's  Forfeiture  Order, 
released October 29,  2002, affirmed the  forfeiture proposed  by 
the NAL. On November  29, 2002, Mount  Rushmore filed a  petition 
for reconsideration of the Forfeiture Order.  Mount Rushmore does 
not dispute the violations but requests cancellation or reduction 
of the forfeiture.   Without elaborating,  Mount Rushmore  simply 
states that its violations  were not willful,  and notes that  it 
has corrected the  violations and that  the forfeiture is  ``very 
big for  a small  operator.''  On  May 15,  2003, Mount  Rushmore 
supplemented its petition for reconsideration with copies of  its 
1999, 2000, and 2001 federal income tax returns.

                        III.  DISCUSSION

     5.   Section 312(f)(1) of the Communications Act of 1934, as 
amended  (``Act''),  47  USC     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,'  ... 
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); see  also Nan Tan Computer  Co., 9 FCC Rcd  3092 
(1994).  Section 73.1350 of the Rules includes requirements  that 
a station's transmitter personnel have the capability to turn the 
transmitter off  at all  times and  that the  licensee  establish 
monitoring procedures and schedules to determine compliance  with 
the prescribed operating  power and  modulation levels.   Section 
73.1400 requires a licensee to  ensure that its station  operates 
at all times  within the tolerances  specified by the  applicable 
technical rules.  Compliance with these requirements is essential 
because failure to comply with  them can cause serious  technical 
problems,   including    interference    to    other    stations' 
transmissions.   Mount  Rushmore  has  provided  no   information 
indicating that it took any  steps to assure its compliance  with 
Sections 73.1350  and  73.1400 prior  to  the occurrence  of  the 
violations.4  We conclude that Mount Rushmore willfully  violated 
Sections 73.1350 and 73.1400 of the Rules.

     6.   Mount Rushmore's  corrective action  does not  mitigate 
its violations.   As  the  Commission  stated  in  Seawest  Yacht 
Brokers, 9 FCC Rcd 6099 (1994), ``corrective action taken to come 
into compliance with Commission rules or policy is expected,  and 
does  not   nullify  or   mitigate  any   prior  forfeitures   or 
violations.'' 5
     
     7.   We have reviewed the financial information provided  by 
Mount Rushmore and we find that this information does not provide 
a basis for reduction or cancellation of the forfeiture.  Indeed, 
the forfeiture is a very small percentage of its gross revenues.

                      IV. ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
405 of the Act6 and Section 1.106 of the Rules,7 Mount Rushmore's 
petition for reconsideration of the October 29, 2002,  Forfeiture 
Order IS DENIED.

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules8 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.9  
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 
NAL/Acct. No. 200232800005, and  FRN 0005-0081-23.  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. 20554.10

     10.       IT IS  FURTHER ORDERED  THAT this  Order shall  be 
sent by  regular  mail  and by  certified  mail,  return  receipt 
requested, to Jan Gray,  President, Mount Rushmore  Broadcasting, 
Inc., 218 N. Wolcott St., Caspar, Wyoming 82601.



                         FEDERAL COMMUNICATIONS COMMISSION
                         



                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

     1 17 FCC Rcd 21398 (Enf. Bur. 2002).

     2 47 C.F.R.  73.1350 and 73.1400.

     3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232800005 (Enf. Bur., Denver Office, released May 31, 2002).

     4 See, e.g.,  East Tennessee  Radio Group,  L.P., DA  03-868 
(Enf.  Bur.,   released  March   26,  2003);   and  Monroe   Area 
Broadcasters, Inc.,  DA 03-1033  (Enf.  Bur., released  April  7, 
2003).

     5 See also AT&T  Wireless Services, Inc.,  17 FCC Rcd  21871 
(2002).

     6 47 U.S.C.  405.

     7 47 C.F.R.  1.106.

     8 47 C.F.R.  1.80.

     9 47 U.S.C.  504(a).

     10 See 47 C.F.R.  1.1914.