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


In the Matter of                   )     File Number EB-02-DL-295
                                     )
Citadel Broadcasting Company       )    NAL/Acct. No.200432500004
Licensee of FM Broadcast Station   )
KSYY located                       )             FRN 0001-5952-14
   in Kingfisher, Oklahoma         )


 


                        FORFEITURE ORDER

     Adopted:  December 22, 2004        Released:   December  27, 
2004            

By the Assistant Chief, Enforcement Bureau:

I. INTRODUCTION

1.            In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of nine thousand dollars 
($9,000), to Citadel Broadcasting Company (``Citadel''), licensee 
of Station KSYY(FM), Kingfisher, Oklahoma, for willful and 
repeated violation of Sections 73.1125(a) and 73.3526 of the 
Commission's Rules ("Rules").1  The noted violations involve 
Citadel's failure to maintain the required staff and management 
presence at the station's main studio and failure to maintain all 
of the required material in the station's public inspection file.

2.   On March 8, 2004, the Commission's Dallas, Texas, Field 
Office ("Dallas Office") issued a Notice of Apparent Liability 
for Forfeiture ("NAL")2 in the amount of nine thousand dollars 
($9,000) to Citadel.  Citadel filed its response on April 7, 
2004.  

II.  BACKGROUND

     3.           On June 6, 2002, the Dallas Field Office 
received a written complaint alleging violations of the 
Commission's Rules by radio station KLGH.3  Station KLGH's call 
sign subsequently was changed twice, first to WWLF-FM and then to 
KSYY-FM. 
     4.          On February 20, 2003, an agent from the Dallas 
Office sought to inspect KSYY-FM's main studio during regular 
business hours, but was unable to do so as there was no 
management or staff at the main studio.  The main studio is 
located at 7725-B West Britton Road in Oklahoma City, Oklahoma.  
On February 21, 2003, the agent conducted an inspection of KSYY-
FM during regular business hours and discovered the station's 
public file was missing required documentation including 
programming and issues lists and the most recent ownership 
report.4 
     5.        During the February 21, 2003 inspection, the agent 
had a conversation with Mr. Mike Fields, the station's Chief 
Engineer.  Mr. Fields informed the agent that KSYY-FM's 
managerial office is located on NW 64th Street in Oklahoma City, 
over four miles away from the main studio.  Mr. Fields also 
stated that no management personnel worked in the main studio 
location and that the hours of operation for the main studio were 
from 8:00 a.m. to 5:00 p.m.  No sign was present at the main 
studio listing the normal business hours of operation.5  The 
agent issued an oral warning to Mr. Field regarding the 
violations.
 6.         On August 21, 2003, the same agent from the Dallas 
Office again attempted to inspect KSYY-FM's main studio on 
Britton Road, Oklahoma City during regular business hours.  At 
10:14 a.m., there was no individual present at the main studio.  
In response to the agent's telephone call, KSYY-FM's General 
Manager traveled from its managerial offices to provide access to 
the public file.  During the inspection the agent noted that 
certain required information concerning programming presented to 
address local community issues was missing or deficient.6  During 
the inspection, the station's general manager stated that KSYY-
FM's regular business hours were 12 noon to 9:00 p.m.,7 however, 
there was no display of the station's call sign or the hours of 
operation.  The general manager also stated that the station was 
contemplating requesting a waiver to allow it to move its main 
studio to the location on NW 64th St.

7.           On March 8, 2004, the Dallas Office issued the NAL 
in the amount of nine thousand dollars ($9,000) to Citadel.  
Citadel filed its response on April 7, 2004.  In its response, 
Citadel seeks cancellation of the proposed forfeiture because the 
agent inspected the station during the morning, prior to its 
normal hours of business, 12 noon to 9 p.m.  Citadel argues that 
because its normal business hours are from 12 noon to 9 p.m., it 
satisfies the Commission's Rule as the phrase ``normal business 
hours'' is not defined.  Moreover, Citadel asserts that a manager 
was present at the studio with a staffer during its normal 
business hours.  Citadel states that it has now altered its 
normal business hours to 9 a.m. to 5 p.m. as a result of the NAL.  
Citadel's response also stated that it reviewed its public file 
after the August 21, 2003 inspection and found the public 
inspection file contained the most recent ownership report on 
that date.  The agent was notified of that fact by telephone on 
the same day.  Citadel also asserts that all quarterly issues and 
program lists have since been placed in the files and that 
Citadel has a good record of compliance. 

III. DISCUSSION

 
     8.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Communications 
Act of 1934, as amended (``Act''),8 Section 1.80 of the Rules,9 
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 
Citadel'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.10
     9.   Section 73.1125(a) of the Rules requires that every 
broadcast station licensee maintain a main studio for the 
station. To serve the needs and interests of the residents of the 
station's community of license, the licensee must maintain a 
full-time staff and managerial presence at the main studio during 
normal business hours.11  The agent's inspections establish that 
management and staff level personnel were repeatedly absent from 
the main studio.  Moreover, members of Citadel's managerial staff 
admitted that its management office is located elsewhere and no 
manager works full time at their main studio.  Based upon the 
agent's observations and the Citadel employee admissions, Citadel 
does not satisfy the minimum requirements of Section 73.1125(a) 
of the Rules. 12  
     10.        Moreover, Citadel cannot rely on its own, 
unannounced version of normal business hours as compliance with 
the Rule.  The purpose of the Rule is to allow access by the 
general public to the station's records and ensure compliance 
with the community's needs.13  The meaning of normal business 
hours is that in which the business community normally conducts 
business, not the hours a station chooses to allow public access.  
The Commission has advised FM licensees of its meaning of the 
phrase ``normal business hours'' and issued a Public Notice to 
define normal business hours as generally an eight hour period 
between the hours of  8 a.m. to 6 p.m.14  Accordingly, we 
conclude that Citadel willfully15 and repeatedly16 violated 
Section 73.1125(a) of the Rules.
11.  Section 73.3526 of the Rules requires commercial broadcast 
stations to maintain a public inspection file at the main studio 
of the station.  The public file available at the station's main 
studio on February 21, 2003 and August 21, 2003 was missing some 
of the required material.  The February 21, 2003 violations 
include both the ownership report and the Issues and Programs 
Lists, the August 21, 2003 violation concerns only the Issues and 
Programs Lists.  Citadel does not dispute that certain quarterly 
Issues and Programs Lists were missing from the Station's public 
inspection file.  After review of Citadel's response, we find no 
basis to overturn the agent's determination that required items 
were repeatedly missing from the local public file.  Nor can 
Citadel's statement that it has remedied the deficiencies 
regarding Issues and Program Lists result in mitigation of its 
violations.17  We conclude that Citadel did not maintain a 
complete public inspection file at KSYY-FM's main studio, in 
willful and repeated violation of Section 73.3526 of the Rules 
and impose the forfeiture proposed in the NAL.  
12.  We have examined Citadel's response to the NAL pursuant to 
the statutory factors above, and in conjunction with the 
Forfeiture Policy Statement as well.  As a result of our review, 
we conclude that Citadel willfully and repeatedly violated 
Sections 73.1125(a) and 73.3526 of the Rules and that neither 
cancellation nor further reduction of the proposed $9,000 
monetary forfeiture is warranted.

IV.  ORDERING CLAUSES

13.  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,18 Citadel Radio, Inc., IS LIABLE FOR A MONETARY FORFEITURE 
in the amount of nine thousand dollars ($9,000) for willfully and 
repeatedly violating Sections 73.1125(a) and 73.3526 of the 
Rules. 

     14.        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.19  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, and P.O. Box 
73482, Chicago, Illinois 60673-7482.   Payment by wire transfer 
may be made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259. 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. 20554.20
15.  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 Citadel Broadcasting Company,
Larry Bastida, General Manager, Station KSYY, 
Citadel Broadcasting Company, 4045 NW 64th, Suite 600, Oklahoma 
City, OK  73116 and its counsel Christopher J. Sova, Esquire, 
Leventhal Senter & Lerman PLLC, 2000 K Street, N.W., Suite 600, 
Washington, D.C. 20006.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         George R. Dillon
                                                                 
Assistant Chief, Enforcement Bureau
           










_________________________

1  47 C.F.R.  73.1125(a), 73.3526.
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200432500004 (Enf. Bur., Dallas Office, released March 8, 2004).
3 The complaint alleged  a failure to  keep the station's  public 
file up to date, a failure to staff the main studio during normal 
business hours,  failure to  log EAS  Broadcasts and  failure  to 
originate EAS weekly tests. Only the public file and main  studio 
managerial  staffing  allegations  were  cited  in  the  NAL  and 
resulted in issuance of the NAL.
4 An ownership  transfer had occurred  approximately five  months 
prior to the inspection.   An ownership transfer requires  timely 
filing of a new ownership report.
5 The signage listed the call sign KLGH.
6  See Section 73.3526 of the Rules, 47 C.F.R.  73.3526.
7 The agent's inspection was attempted at 10:41 AM.
8 47 U.S.C.  503(b).
9 47 C.F.R.  1.80.
10 47 U.S.C.  503(b)(2)(D).
11 Jones Eastern of the Outer  Banks, Inc., 6 FCC Rcd 3615,  3616 
and n.2 (1992), clarified, 7 FCC Rcd 6800 (1992).
12 Id. at 6802.
13 See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 
3217-3218 (1987), clarified 3 FCC Rcd 5024, 5026 (1988) and Jones 
Eastern of the Outer  Banks, Inc., 6 FCC  Rcd 3615, 3616  (1991), 
clarified, 7 FCC Rcd 6800, 6802 (1992).
14 See Bulletin EB-18FM, November  1, 2001; March 2003, June  18, 
2003 and May 2004 Editions, page 6, Section 1, G.
15  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).   
16 The  term  ``repeated,''  when  used  with  reference  to  the 
commission or  omission of  any act,  ``means the  commission  or 
omission of such  act more than  once or, if  such commission  or 
omission is continuous,  for more  than one day.''   47 U.S.C.   
312(f)(2).
17 Remedial measures  do not warrant  mitigation when they  occur 
after Commission notification.  See AT&T Wireless Services, Inc., 
17 FCC Rcd 7891  (2002); Seawest Yacht Brokers,  9 FCC Rcd  6099, 
6099 7  (1994); TCI  Cablevision of  Maryland, Inc.,  7 FCC  Rcd 
6013, 6014 8 (1992).
18  47 C.F.R.  0.111, 0.311, 1.80(f)(4).
19 47 U.S.C.  504(a).
20 See 47 C.F.R.  1.1914.