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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Simmons-SLC, LS, LLC ) File No. EB-02-DV-076
Licensee of FM Station KJQN ) NAL/Acct. No.
Brigham City, Utah ) FRN 0004-9693-74
Licensee of FM Translator Station K264AC )
Utah County, Utah )
Adopted: July 1, 2004 Released:
July 2, 2004
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of three thousand two hundred
($3,200) to Simmons-SLC, LS, LLC, (``Simmons''), licensee of FM
station KJQN in Brigham City, Utah, and translator station
K264AC, in rural Utah County, Utah, for willful and repeated
violation of Section 74.1232(d) of the Commission's Rules
("Rules").1 The noted violation involved Simmons using station
K264AC to extend the 1 mV/m contour of FM station KJQN beyond its
2. On January 6, 2003, the Commission's Denver, Colorado
Field Office (``Denver Office") issued a Notice of Apparent
Liability for Forfeiture ("NAL") to Simmons in the amount of four
thousand dollars ($4,000). 2 Simmons filed a response to the NAL
on February 3, 2003.
3. Station K264AC is licensed to Simmons and, at the time
of the issuance of the NAL, was authorized to provide fill-in
service for then Simmons owned FM station KSFI in Salt Lake City,
Utah.3 Station K264AC is authorized to provide service to rural
Utah County and to transmit from West Mountain, approximately 40
miles south of downtown Salt Lake City. On April 10, 2002, the
Denver Office received a complaint that FM translator station
K264AC was transmitting FM station KJQN's signal beyond the 1
mV/m contour into areas approximately 50 miles south of downtown
Salt Lake City. Simmons also owns station KJQN which is licensed
to Brigham City, Utah, and transmits from Cow Mountain
approximately 70 miles north of downtown Salt Lake City. KJQN's
1 mV/m contour lies entirely north of downtown Salt Lake City and
station K264AC's 1 mV/m contour lies entirely south of downtown
Salt Lake City. The authorized 1 mV/m contours of K264AC and
KJQN do not overlap.
4. On April 10, 2002, the Denver Office agent contacted
Simmons' Director of Engineering. The engineer admitted that
K264AC was transmitting the signal of station KJQN rather than
KSFI, that station K264AC's coverage contour is outside of KJQN's
1 mV/m contour, and that station K264AC had been operating with
that configuration for approximately 30 days. On October 21,
2002, the Denver Office issued a Notice of Violation ("NOV") to
Simmons for violation of Section's 74.1232(d) and 74.1251(c) of
the Rules. On October 31, 2002, the Denver Office received a
response from Simmons stating that station K264AC ceased
transmitting the signal of station KJQN on April 11, 2002.
5. On January 6, 2003, the Denver Office issued the NAL
for violation of Section 74.1232(d) of the Rules. On February 3,
2003, Simmons submitted a response to the NAL. In that response,
Simmons does not challenge the findings of the NAL that it
willfully and repeatedly violated Section 74.1232(d) of the
Rules. Rather, Simmons seeks a reduction in the amount of the
proposed forfeiture based the fact that it has a history pf
compliance with the Commission's rules. The response is
accompanied by a copy of its October 31, 2002 response to the
6. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Communications
Act of 1934, as amended (``Act''),4 Section 1.80 of the Rules,5
and The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines (``Forfeiture Policy Statement'').6 In examining
Simmons' 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.7
7. A broadcast station licensee is responsible for
maintaining and operating the station in accordance with the
terms of the station license. Section 74.1232(d) of the Rules
sets forth generally that an authorization for a FM translator
whose coverage contour extends beyond the protected contour of
the commercial primary station will not be granted to the
licensee or permittee of a commercial FM radio broadcast station.
Translator station K264AC was authorized to transmit the signal
of its primary station KSFI. By using station K264AC to transmit
station KJQN, Simmons failed to comply with the terms of station
K264AC's license and improperly extended the 1 mV/m contour of
station KJQN. In its response, Simmons does not challenge the
findings of the NAL, that it willfully and repeatedly violated
Section 74.1232(d) of the Rules.
8. Simmons seeks a reduction in the amount of the proposed
forfeiture, arguing that it has a history of compliance with the
Commission's rules. We have reviewed Simmons' records and we
concur. Based on the findings of the NAL and Simmons' response,
we find that Simmons' violation of Section 74.1232(d) was willful
8 and repeated.9 Considering the entire record and the factors
listed above, we find that reduction of the proposed forfeiture
is warranted because of Simmons' compliance record with the
Commission's Rules. Accordingly, the forfeiture amount is
reduced from four thousand dollars ($4,000) to three thousand two
hundred dollars ($3,200).
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,10 Simmons-SLC, LS, LLC IS LIABLE FOR A MONETARY FORFEITURE
in the amount of three thousand two hundred dollars ($3,200) for
willfully and repeatedly violating Section 74.1232(d)of the
10. 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.11
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. 200332800009, and FRN: 0004-9693-74. Requests for full
payment under an installment plan should be sent to: Chief,
Revenue and Receivables Group, 445 12th Street, S.W., Washington,
11. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail Return Receipt Requested and by First
Class Mail to Bret Leifson, Controller, Simmons-SLC, LS, LLC, 515
South 700 East, Suite 1C, Salt Lake City, Utah, 84102.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
147 C.F.R. § 74.1232(d).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332800009 (Enf. Bur., Denver Office, released January 6,
3On November 24, 2003, the license of KSFI(FM) was assigned from
Simmons to Bonneville Holding Company, File No. BALH-20021122ABY.
447 U.S.C. § 503(b).
547 C.F.R. § 1.80.
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
747 U.S.C. § 503(b)(2)(D).
8 Section 312(f)(1) of the Act, 47 U.S.C. § 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).
9As provided by 47 U.S.C. § 312(f)(2), a continuous violation is
``repeated'' if it continues for more than one day. The
Conference Report for Section 312(f)(2) indicates that Congress
intended to apply this definition to Section 503 of the Act as
well as Section 312. See H.R. Rep. 97th Cong. 2d Sess. 51
(1982). See Southern California Broadcasting Company, 6 FCC Rcd
4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd
10319 at fn. 56 (2003).
1047 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
1147 U.S.C. § 504(a).
12See 47 C.F.R. § 1.1914.