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


In the Matter of                  )
                              )  )   File No. EB-03-KC-045
File No. EB-03-TP-231             )                              )
Cornell College                )  )   FRN 0007006884
                              )  )   NAL/Acct. No. 200332560026
NAL/Acct. No. 200332700030        )
Licensee of  Radio Station KRNL-  )   FRN 0002590552
FM                            ) 
Mt. Vernon, Iowa               )
FRN 0007006884
                              )
                             ) 
 

                MEMORANDUM OPINION AND ORDER

Adopted:  July 29, 2004                                        
Released:  August 2, 2004         
By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Memorandum Opinion and Order (``Order''), 
we cancel the proposed monetary forfeiture in the amount of 
thirteen thousand dollars ($13,000) issued to Cornell 
College (``Cornell''), the licensee of noncommercial 
educational FM Station KRNL, Mt. Vernon, Iowa.  We find that 
Cornell failed to maintain control of the station's 
transmitter in apparent willful and repeated violation of 
Section 73.1350(b)(2) of the Commission's Rules (``Rules'') 
and failed to make available the station's public file in 
apparent willful violation of Section 73.3527(c) of the 
Rules.1  While we cancel the forfeiture based primarily upon 
the financial hardship that would result, we admonish 
Cornell for its violations of Sections 73.1350(b)(2) and 
73.3527(c) of the Rules.

II.   BACKGROUND 

     2.   On March 18, 2003, an agent from the Commission's 
Kansas City Office (``Kansas City Office'') conducted an 
inspection of Station KRNL-FM.  The station's transmitter 
site was not staffed and the only transmitter remote control 
function available was an on/off switch at the studio with 
no self-monitoring or automatic transmission system 
monitoring equipment to control the transmitter.  Although 
the station operated twenty four hours per day, the studio 
was staffed only at night.  The station's contract engineer 
advised the station of its need for transmitter remote 
control equipment on November 13, 2002.  No public 
inspection file was made available upon request during the 
inspection of the station, which occurred during regular 
business hours.  In a response to a Letter of Inquiry dated 
May 1, 2003, Cornell stated that ``[d]uring normal business 
hours, the station runs unattended.''  Cornell also stated 
that it was purchasing a remote control unit and that it had 
assembled a complete public file.

     2.   On June 27, 2003, the Kansas City Office issued a 
          Notice of Apparent Liability for Forfeiture 
          (``NAL'') to Cornell in the amount of thirteen 
          thousand dollars ($13,000).2  Cornell filed a 
          response to the NAL on July 28, 2003, seeking a 
          reduction or cancellation of the proposed 
          forfeiture.  Although it acknowledged that it did 
          not maintain transmitter control equipment or a 
          public file before the Commission's inspection, 
          Cornell argues it quickly corrected the violations 
          and adopted new procedures to prevent future 
          violations.  Cornell also asserts the forfeiture 
          should be reduced or cancelled in light of its 
          overall history of compliance with the Rules.  
          Finally, Cornell states the forfeiture would 
          constitute an extreme financial hardship, given 
          the school's overall financial condition and the 
          fact that the proposed forfeiture exceeds the 
          station's annual budget for the 2003-2004 school 
          year.

III.        DISCUSSION

     3.   The proposed forfeiture amount in this case was 
          assessed in accordance with Section 503(b) of the 
          Communications Act of 1934, as amended (``Act''),3 
          Section 1.80 of the Rules,4 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) (``Forfeiture 
          Policy Statement'').  In examining Cornell'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.5

     4.   Section 73.1350(b)(2) of the Rules states that the 
          transmitter control personnel of broadcast station 
          licensees must have the capability to turn the 
          transmitter off at all times.6  If the personnel 
          are at a remote location, the control system must 
          provide this capability continuously or must 
          include an alternate method of acquiring control 
          that can deactivate the transmitter within three 
          minutes.  Section 73.3527(c) requires every 
          licensee of noncommercial educational broadcast 
          stations to make available upon request the 
          station's public file during regular business 
          hours.7  Cornell does not dispute that it did not 
          comply with the Commission's transmitter control 
          or public file rules prior to the Commission's 
          inspection.  We find that Cornell's violation of 
          Section 73.1350(b)(2) of the Rules was willful8 
          and repeated9 and that its violation of Section 
          73.3527(c) of the Rules was willful.

     5.   Cornell asserts the forfeiture should be cancelled 
          or reduced in light of its overall history of 
          compliance with the Rules and its financial 
          situation.  We agree.  Prior to the NAL, Cornell 
          had not received a single notice of violation from 
          the Commission.  Moreover, after reviewing the 
          financial information provided by Cornell, we 
          conclude that a $13,000 forfeiture would pose a 
          financial hardship to the station.  Accordingly, 
          we cancel the proposed forfeiture.  Nevertheless, 
          we find that it is appropriate to admonish Cornell 
          for its willful and repeated violation of 
          73.1350(b)(2) of the Rules and its willful 
          violation of Section 73.3527(c) of the Rules.

IV.   ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED that, pursuant to 
          Section 503(b) of the Communications Act of 1934, 
          as amended, and Sections 0.111, 0.311 and 
          1.80(f)(4) of the Commission's Rules,10 the 
          forfeiture in the amount of thirteen thousand 
          dollars ($13,000) proposed in the June 27, 2003 
          Notice of Apparent Liability issued to Cornell 
          College IS CANCELLED.  

     7.   IT IS FURTHER ORDERED that Cornell College IS 
          ADMONISHED for failure to maintain transmitter 
          control and failure to make available the 
          station's public file in willful and repeated 
          violation of Section 73.1350(b)(2) of the 
          Commission's Rules and in willful violation of 
          Section 73.3527(c) of the Commission's Rules.

     8.   IT IS FURTHER ORDERED that a copy of this Order 
          shall be sent by First Class and Certified Mail 
          Return Receipt Requested to Dee Ann Rexroat, 
          Director of College Communications, 810 Commons 
          Circle, Mt. Vernon, Iowa 52314.  


                              FEDERAL COMMUNICATIONS 
                              COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau

               
_________________________

147 C.F.R.  73.1350(b)(2) and 73.3527(c).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332560026 (Enf. Bur., Kansas  City Office, released June 
27, 2003).

347 U.S.C.  503(b).

447 C.F.R.  1.80.

547 U.S.C.  503(b)(2)(D).

647 C.F.R.  73.1350(b)(2). 

747 C.F.R.  73.3527(c). 

8Section 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).