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


In the Matter of                 )
                                )
                                )
FTP Corporation                  )    File No. EB-02-ST-307
Licensee of Radio Station KNTB-  )    NAL/Acct. No. 200332980004
AM                               )    FRN 0003764974
Lakewood, Washington             )



                        FORFEITURE ORDER

     Adopted:    August 10, 2004        Released:    August 12, 
     2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in the amount  of three thousand two  hundred 
dollars ($3,200) to FTP Corporation (``FTP''), licensee of  Radio 
Station KNTB-AM (``KNTB'') in Lakewood, Washington, for  repeated 
violation  of   Section  73.1745   of  the   Commission's   Rules 
(``Rules.'')1  The  noted  violation involves  FTP's  failure  to 
operate Station KNTB in accordance with the Station's  authorized 
power and hours of operation.  

II.          BACKGROUND

           2.                   FTP  is  authorized  to   operate 
Station  KNTB on 1480 kHz  with 1000 watts  from 6:00 a.m.  until 
sunset.2  According to  the terms of KNTB's license, the  average 
hour  of  sunset in  the  month  of November  is  4:30  p.m.   On 
November  5,  2002,  an  agent  from  the  Commission's  Seattle, 
Washington  District Office  (``Seattle Office'')  monitored  the 
signal  of  KNTB  near  Lakewood  beginning  at  7:45  p.m.   and 
determined  that the  station was  operating at  night, with  the 
station's authorized  daytime power of  1000 watts.  On  November 
6,   2002,  the  agent   monitored  the  signal   of  KNTB   from 
approximately 3:00 p.m. until approximately 6:00 p.m.  No  change 
in  field strength  was  observed or  measured  by the  agent  at 
sunset.    Indeed,  the   field  strength   remained   consistent 
throughout the monitoring  time and was consistent with what  the 
agent had expected from a 1000 watt transmitter. 

           3.                   On  December  12,  2002,  Seattle 
Office  agents conducted  an  AM broadcast  inspection  of  radio 
station KNTB.  The  station's public inspection file contained  a 
copy of the current station license showing the station only  had 
daytime operation  authority.  FTP's station manager stated  that 
he  understood  the station  did  have authority  to  operate  at 
nighttime   with  reduced   power.    The  agent   provided   FTP 
information  on how to  obtain the requisite  license to  operate 
with reduced power, 111 watts, at night, as proposed.    However, 
the agent also  advised FTP that operation of KNTB at night  with 
its  authorized  daytime  power  of  1000  watts  was  a  serious 
violation  of the terms  of its authorization.   On December  16, 
2002, Seattle agents  again inspected the KNTB transmitter  site.  
The  inspection revealed that  the station  had remote  operation 
and  control of the  transmitter as  required by  the Rules,  but 
there was  no indication that the  transmitter was programmed  to 
reduce power or shut down at sunset.  Station KNTB's  transmitter 
logs  contained  no indication  that  the  station's  transmitter 
power had  changed or been reduced on  November 5 or November  6, 
2002, at  sunset, nor was there any  indication in the logs  that 
the  station's  transmitter  power had  been  reduced  below  its 
authorized  daytime power of  1000 watts at  any time during  the 
month of November.   

             4.     On  April  30,   2003,  the  Seattle   Office 
released a Notice of Apparent Liability for Forfeiture  (``NAL'') 
to FTP  proposing a  forfeiture in  the amount  of four  thousand 
dollars ($4,000) for repeated violation of Section 73.1745 of the 
Rules.3  FTP filed a response on May 20, 2003.  In its  response, 
FTP does not  contest the violation.   FTP seeks cancellation  of 
the forfeiture based upon its post-inspection mitigation efforts, 
inability to pay, and its history of overall compliance.  

II.       DISCUSSION

       5. The forfeiture  amount in  this  case was  proposed  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.6  In 
examining FTP'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  such other matters as justice  may 
require.7    

       6. Section 73.1745 of the Rules provides that no broadcast 
station shall operate at times or with modes or power, other than 
those specified and  made a  part of the  license.  The  licensee 
does not  dispute  the  findings  of the  NAL  that  the  station 
violated  Section  73.1745  at  the  times  of  the  inspections.  
Rather, it states that  the systems in place  to change power  to 
comply with  its authorization  and  the Rule  apparently  failed 
``due to possibly human error or a computer glitch.''  In support 
of  its  mitigation   effort,    FTP  maintains   that  it   took 
``immediate action  after hearing  from the  FCC Inspector''  and 
that it has undertaken corrective actions to ensure that  Station 
KNTB will not  operate improperly again.   While commendable,  no 
mitigation is  warranted on  the basis  of FTP's  post-inspection 
correction of the violation. As the Commission stated in  Seawest 
Yacht Brokers, 9 FCC Rcd  6099, 6099 (1994), ``corrective  action 
taken to come into compliance  with Commission rules or  policies 
is  expected,  and  does  not  nullify  or  mitigate  any   prior 
forfeitures or violations.''8  

       7. FTP claims ``financial hardship,'' that ``KNTB operates 
at a loss'' and that paying the proposed forfeiture ``would cause 
great harm to'' KNTB.   FTP was  directed in Paragraph 14 of  the 
NAL to submit financial documentation to ``specifically  identify 
the basis''  for any  requested reduction  or cancellation  of  a 
forfeiture on the basis of inability to pay.  The Commission  has 
determined that, in general, a licensee's gross revenues are  the 
best indicator  of ability  to pay  a forfeiture9  and would  not 
consider forfeiture cancellation or reduction without  submission 
of three  years of  tax returns  or similar  financial data.   In 
support of its  request for  cancellation or  elimination of  the 
proposed forfeiture, FTP submits federal income tax returns  only 
for tax year 2001.  Therefore, FTP has failed to substantiate its 
request by submitting sufficient information to support its claim 
of inability to pay.10 

             8.     Finally,  in  support  of  its  request   for 
cancellation or reduction, FTP  states that it  has a history  of 
being ``in  good  standing  with  the  FCC.''  We  have  reviewed 
Commission  records  in  regards  to  FTP's  history  of  overall 
compliance and concur.

             9.     Based on the  findings of the  NAL and  FTP's 
response thereto,  we conclude  that FTP's  violation of  Section 
73.1745 was repeated.11   Considering  the entire record and  the 
factors listed  above, we  find that  reduction of  the  proposed 
forfeiture is warranted  because of FTP's  history of  compliance 
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

          10.  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,12 FTP Corporation IS LIABLE FOR A 
MONETARY FORFEITURE in the amount of three thousand, two hundred 
dollars ($3,200) for its repeated violation of Section 73.1745 of 
the Rules.  
     11.  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.13  
Payment may 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   must  include   the   FCC 
Registration Number (FRN) and the NAL/Acct. No. referenced in the 
caption.  Requests  for full  payment under  an installment  plan 
should be sent to: Chief, Revenue and Receivables Group, 445 12th 
Street, S.W., Washington, D.C. 20554.14  

     12.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested  to  FTP   Corporation,  1940   Fillmore  Street,   San 
Francisco, CA  94115.  

                              FEDERAL COMMUNICATIONS COMMISSION

                         
                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1 47 C.F.R.  73.1745.  
2  File No. BL 780911AM. 
3 See Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332980004 (Enf. Bur. Seattle Office, April 30, 2003).  
4 47 U.S.C.  503(b).
5 47 C.F.R.  1.80.
6 12 FCC Rcd 17087 (1997),  recon. denied, 15 FCC Rcd 303 (1999).  
7 47 U.S.C.  503(b)(2)(D).
8 See also  Callais Cablevision,  Inc., 17 FCC  Rcd 22626,  22629 
(2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 (1973);  and 
Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966).
9  See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 
(1992). 
10 See  Melodynamic Broadcasting  Corporation, DA  04-1392  (Enf. 
Bur. 2004).
11 As 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). 
12 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
13 47 U.S.C.  504(a).
14 See 47 C.F.R.  1.1914.