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


In the Matter of                 )
                                )
Lebanon Educational              )    File No. EB-03-KC-022
Broadcasting Foundation,         )    NAL/Acct. No. 200332560022
Licensee of Noncommercial        )    FRN 0002-5292-38
Station KTTK(FM)
Lebanon, Missouri

                  MEMORANDUM OPINION AND ORDER

Adopted:  February 13, 2006                       Released:  
February 16, 2006

By the Chief, Enforcement Bureau:

     I.                                 INTRODUCTION

     1.   In this Memorandum Opinion and Order ("Order''), we 
        grant in part and deny in part a Petition for 
        Reconsideration filed by Lebanon Educational 
        Broadcasting Foundation (``Lebanon''), Licensee of 
        Noncommercial Station KTTK(FM), Lebanon, Missouri.  
        Lebanon seeks reconsideration of a Forfeiture Order1 in 
        which the Assistant Chief, Enforcement Bureau 
        (``Bureau'') found it liable for a monetary forfeiture 
        in the amount of four thousand dollars ($4,000) for 
        willful violation of the public inspection file 
        requirements of Section 73.3527(c)(1) of the 
        Commission's Rules (``Rules'').2  The noted violation 
        involves Lebanon's failure to make available for 
        inspection all required items in the station's public 
        inspection file during regular business hours.  For the 
        reasons discussed below, we find that a further 
        reduction of the forfeiture amount from $4,000 to three 
        thousand two hundred dollars ($3,200) is warranted.

      II.                                BACKGROUND

     2.   On January 30, 2003, a field agent (``agent'') from the 
        Commission's Kansas City, Missouri Field Office (``Field 
        Office'') inspected Station KTTK's facilities and 
        observed that certain required materials were missing 
        from the station's public inspection file and thus not 
        available during the station's regular business hours in 
        violation of Section 73.3527(c)(1) of the Rules - 
        namely, the station's contour map,3 ``Public and 
        Broadcasting'' manual (``manual'')4 and certain 
        issues/programs lists.5  On April 18, 2003, the Field 
        Office issued a Notice of Apparent Liability for 
        Forfeiture (``NAL''),6 proposing a $4,000 forfeiture 
        against Lebanon for its apparent willful violation of 
        Section 73.3527(c)(1) of the Rules.  The proposed 
        forfeiture amount was downwardly adjusted from the 
        $10,000 base forfeiture amount set forth in Section 
        1.80(b)(4) of the Rules because the ``public inspection 
        file contained a portion of the required items.''7  

     3.   In a May 9, 2003, response to the NAL (``Response''), 
        Lebanon sought cancellation of the proposed forfeiture.  
        Lebanon claimed that the contour map and manual were in 
        the public inspection file but not shown to the agent, 
        because the station employee who was present throughout 
        the inspection was unfamiliar with the contents of the 
        public inspection file.  Lebanon also admitted that the 
        issues/programs lists for the last two quarters of 2001 
        and all four quarters of 2002 were missing from the 
        station's public inspection file, explaining that the 
        employee tasked with the responsibility of maintaining 
        that file had failed to do so.  Lebanon asserted that 
        the public inspection file had been updated to include 
        the lists.  In support of its Response, Lebanon 
        submitted copies of its contour map, manual and updated 
        issues/programs lists.  

     4.   On October 29, 2004, the Bureau released a Forfeiture 
        Order, finding that no further reduction of the proposed 
        forfeiture was warranted and imposing a monetary 
        forfeiture in the amount of $4,000.  The Bureau 
        determined that because Lebanon admitted that the 
        contour map and manual were not made available for 
        inspection during the station's regular business hours, 
        no further cancellation or reduction of the proposed 
        forfeiture was warranted.  The Bureau also explained 
        that Lebanon could not escape liability for the 
        incomplete issues/programs lists due to the lapse of an 
        employee that was tasked with the responsibility of 
        updating those lists.8  The Bureau noted that as the 
        licensee of the station, Lebanon was ``expected'' to 
        correct violations by updating its missing 
        issues/programs lists, and that corrective actions 
        implemented after a Commission inspection and/or action 
        do not mitigate past violations.9

     5.   On November 29, 2004, Lebanon filed a Petition for 
        Reconsideration of the Forfeiture Order.  Lebanon 
        reasserts that two of the documents - the station's 
        contour map and manual - were in the public inspection 
        file at the time of the inspection.  Lebanon also newly 
        asserts that its candid acknowledgement of the missing 
        issues/programs lists, status as a noncommercial 
        educational radio station and previously unblemished 
        enforcement record with the Commission should combine to 
        result in a forfeiture amount of no more than one 
        thousand two hundred dollars ($1,200).





  III.    DISCUSSION

     6.   The forfeiture amount in this case was assessed in 
        accordance with Section 503(b) of the Act, Section 1.80 
        of the Rules, and The Commission's Forfeiture Policy 
        Statement and Amendment of Section 1.80 of the Rules to 
        Incorporate the Forfeiture Guidelines.10  In examining 
        Lebanon's Petition for Reconsideration, 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 any other such matters as justice 
        may require.11

       III.A.  Violation of  Section 73.3527(c)(1)

           1.  Background

     7.   Section 73.3527(a)(2) of the Rules12 requires every 
        permittee or licensee of an AM, FM, or TV station in the 
        noncommercial educational broadcast services to maintain 
        a public inspection file containing certain prescribed 
        documents.  Section 73.3527(c)(1) of the Rules requires 
        every permittee or licensee to make the public 
        inspection file available for public inspection at any 
        time during business hours.  The Commission has found 
        that reasonable access to the public inspection file 
        serves the important purpose of facilitating citizen 
        monitoring of a station's operations and public interest 
        performance, and fostering community involvement with 
        local stations, thus helping to ensure that stations are 
        responsive to the needs and interests of their local 
        communities.13

         2.  Discussion

     8.   In its Petition for Reconsideration, Lebanon seeks a 
        downward adjustment of the forfeiture amount.  First, 
        Lebanon again argues that the forfeiture should be 
        reduced because the station's manual and contour map 
        were, in fact, in the public inspection file at the time 
        of the inspection.  We disagree, and deny 
        reconsideration on this basis,14 noting that the 
        argument was previously fully discussed and 
        satisfactorily rejected in the Forfeiture Order.15  

     9.   Second, Lebanon attempts to decrease its 
        responsibilities under Section 73.3527(c) of the Rules 
        by carving out an exception to the requirements of that 
        Rule.  Lebanon asserts that it fulfilled its obligations 
        in accordance with the subject Rule merely by making the 
        public inspection file available during regular business 
        hours: 

     The Public Inspection File rule applicable does not 
     include an explicit obligation . . . for the licensee's 
     representative to assist a person inspecting the file 
     in locating a particular document.  In this case, given 
     that the Field Agent did not himself look for any 
     documents in the Public Inspection File, the inability 
     of a station staff member to locate particular 
     documents in the file does not, in and of itself, 
     constitute a violation of the rules.16  

In sum, Lebanon argues that the one who seeks to inspect the 
public inspection file has the responsibility to locate the 
documents within that file.  

     10.  We disagree.  The Rule requires station staff to have 
        hands-on knowledge of the contents of the public 
        inspection file.  Where a licensee maintains its main 
        studio and public inspection file outside of its 
        community of license, Section 73.3527(c)(2)(i) of the 
        Rules requires staff to respond to telephone requests 
        for public inspection file materials by copying and 
        delivering the most recent documents (except for the 
        political file).17  In addition, Section 
        73.3527(c)(2)(ii) requires staff to mail the most recent 
        version of the manual to any member of the public that 
        requests a copy.18  Moreover, Section 73.3527(c)(2)(iii) 
        of the Rules requires staff to ``[b]e prepared to assist 
        members of the public in identifying the documents they 
        may ask to be sent to them by mail, for example, by 
        describing to the caller, if asked, the period covered 
        by a particular report and number of pages included in 
        the report.''19  It follows, then, that Section 
        73.3527(c) of the Rules requires staff to have this same 
        hands-on knowledge of the public inspection file when 
        members of the public visit the station for the purpose 
        of examining those files.20  The licensee cannot shift 
        the burden of identifying the materials in the public 
        inspection file to the public.21

     11.  Third, Lebanon asserts that the instant forfeiture 
        amount should be reduced because it ``candidly 
        acknowledged that certain of the quarterly lists were 
        missing from the file.''  Forfeitures are neither 
        downwardly adjusted nor cancelled where, as here, 
        violators make disclosures in response to Commission 
        inquiries/investigations or actions.22  As with 
        corrective actions, ``nothing less than full and 
        complete cooperation''23 and ``candor''24 is expected 
        during the course of Commission investigations and 
        proceedings.

     12.  Fourth, Lebanon also avers that the forfeiture amount 
        at issue should be reduced because of the noncommercial 
        educational status of the broadcast radio station.  
        Section 73.3527(c)(1) of the Rules requires 
        noncommercial licensees to make available for inspection 
        all required items in the station's public inspection 
        file during regular business hours.  Where the Rule is 
        violated, Section 1.80 provides that a monetary 
        forfeiture may be imposed, and there is no exemption or 
        reduction based on the noncommercial status of a 
        station.25  In the instant case, the Enforcement Bureau 
        determined in the Forfeiture Order - and we affirm in 
        the instant Memorandum Opinion and Order - that Lebanon 
        willfully failed to provide access to portions of its 
        public inspection file in violation of Section 
        73.3527(c)(1) of the Rules by failing to include in that 
        file at the time of inspection, the issues/programs list 
        for six consecutive quarters,26 contour map and manual.  

     13.  Finally, Lebanon, referencing Isothermal Community 
        College,27 newly asserts that the instant forfeiture 
        amount should be reduced because of Lebanon's history of 
        overall compliance, suggesting that it be no more than 
        $1,200.  We agree that a reduction of the forfeiture 
        amount is warranted, based upon our review of the record 
        and finding that Lebanon has a history of overall 
        compliance with the Rules.  Accordingly, we further 
        reduce the forfeiture amount from $4,000 to $3,200 
        pursuant to Section 1.80(b)(4) of the Rules28 and past 
        precedent.29

  IV.  ORDERING CLAUSES

     14.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 
        405 of the Act30 and Section 1.106 of the Rules,31 
        Lebanon's Petition for Reconsideration of the October 
        29, 2004, Forfeiture Order IS GRANTED IN PART AND DENIED 
        IN PART to the extent indicated herein.

     15.  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.32  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 Federal Communications 
        Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. 
        Payment by overnight mail may be sent to Mellon Bank /LB 
        358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 
        15251.  Payment by wire transfer may be made to ABA 
        Number 043000261, receiving bank Mellon Bank, and 
        account number 911-6106.  Requests for payment of the 
        full amount of the NAL under an installment plan should 
        be sent to:  Associate Managing Director - Financial 
        Operations, 445 12th Street, S.W., Room 1A625, 
        Washington, D.C. 20554.33  

     16.  IT IS FURTHER ORDERED THAT a copy of this Order shall 
        be sent by first class mail and certified mail, return 
        receipt requested, to Lebanon and its representative, 
        Matthew H. McCormick, Esq., Reddy, Begley & McCormick, 
        LLP, 1156 15th Street, NW, Suite 610 Washington DC , 
        20005 - 1770. 


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Kris Anne Monteith
                         Chief, Enforcement Bureau
 
_________________________

1 Lebanon Educational Broadcasting Foundation, 19 FCC Rcd 21696 
(Enf. Bur. 2004) (``Forfeiture Order'').

2 47 C.F.R.  73.3527(c)(1) (noncommercial broadcast stations 
must make available at any time during regular business hours 
public access to the public inspection file).  

3 47 C.F.R.  3527(e)(3).

4 47 C.F.R.  3527(e)(7).

5 47 C.F.R.  3527(e)(8).

6 Notice of Apparent Liability, NAL/Acct. No. 200332560022 (Enf. 
Bur., Kansas City Office, released April 18, 2003) (``NAL'').

7 Id. at  5. 

8 Forfeiture Order, 19 FCC Rcd at 21697 citing Eure Family 
Limited Partnership, 17 FCC Rcd 21861, 21863-64  6-7 (2002) 
(denying the antenna structure owner's claim that the forfeiture 
should be cancelled because the failure to comply with the 
lighting requirements resulted from the failure of its 
lessee/contractor to monitor the lights, or notify it regarding 
light outages, and finding the violation to be willful) ; 
Sonderling Broadcasting Corp., 69 FCC 2d 289, 290-291  6 (1977); 
Wagenwood Broadcasting Co., 25 FCC 2d 361, 361-62  2 (1972); 
Charter Communications VI, LLC, 17 FCC Rcd 16516, 16518-19  8-9 
(Enf. Bur. 2002) (denying cable operator's claim that the 
forfeiture should be reduced because the violations were due to 
its employees' lapses and misunderstandings, and finding the 
violation to be willful); American Paging, Inc., 12 FCC Rcd 
10417, 10419-20  11 (WTB 1997). 

9 Forfeiture Order, 19 FCC Rcd at 21697 citing AT&T Wireless 
Services, Inc., 17 FCC Rcd 7891 (2002), forfeiture ordered, 17 
FCC Rcd 21866, 21875-76  26-28 (2002); Seawest Yacht Brokers, 9 
FCC Rcd 6099, 6099  7 (1994); see also TCI Cablevision of 
Maryland, Inc., 7 FCC Rcd 6013, 6014  8 (1992) (noting that it 
would be inappropriate to base ``mitigation of cancellation of a 
forfeiture upon corrective action taken subsequent to misconduct 
upon which liability is based,'' because it ``would tend to 
encourage remedial rather than preventative action'').

10 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).

11 47 U.S.C.  503(b)(2)(D).

12 47 C.F.R.  73.3527(a)(2).

13 Review of the Commission's Rules regarding the Main Studio 
Rule and Local Public Inspection Files of Broadcast Television 
and Radio Stations, 13 FCC Rcd 15691, 15700 (1998) (``Main Studio 
Rule and Public Inspection Files'') recon. granted in part; 14 
F.C.C.R. 11,113, 14 FCC Rcd. 11,113 (1999); see also Union 
Broadcasting, Inc., 19 FCC Rcd 18588, 185890 (Enf. Bur. 2004).

14 WWIZ, Inc., 37 FCC 685 (1965), aff'd sub nom. Lorain Journal 
Co. v. FCC, 351 F.2d 824 (D.C.Cir.1965), cert. denied, 383 U.S. 
967 (1966) (``A petition which simply reiterates arguments 
previously considered and rejected will be denied.''); Infinity 
Radio License, Inc., 19 FCC Rcd 16959, 16960 (2004) citing 
Bennett Gilbert Gaines, 8 FCC Rcd 3986 (Rev. Bd. 1993) (``A 
petition that simply repeats arguments previously considered and 
rejected will be denied.'')

15 In the Forfeiture Order, the Bureau explained:  ``Lebanon 
claimed that the material was in its public file, but admitted 
that such material was not shown to the FCC agent and thus was 
not made available for public inspection.  Because Lebanon 
admitted that the material was not made available for inspection 
during the station's regular business hours, we conclude that no 
cancellation or reduction of the proposed forfeiture is warranted 
in this regard.''  Forfeiture Order, 19 FCC Rcd at 21697.  

16 Petition for Reconsideration at 3.

17 47 C.F.R.  73.3527(c)(2)(i).  The political file is described 
in 47 C.F.R. 73.3527(e)(5).

18 47 C.F.R.  73.3527(c)(2)(ii).

19 47 C.F.R.  73.3527(c)(2)(iii).

20 See, e.g., Paulino Bernal Evangelism, Inc., 19 FCC Rcd. 19922, 
19923 (Asst. Chief, Enf. Bur. 2004), recon. pending (violation of 
Section 73.3527(c)(1) of the Rules found where licensee claimed 
that the public inspection file existed, but that the station 
manager forgot where it was located). 

21 We note further that Lebanon provided a copy of ``The Public 
and Broadcasting'' manual which contains, among other things, 
information on how members of the public may obtain copies of 
material contained in the public inspection file by telephone, 
including the sentence, ``[s]tations can assist callers in this 
process and answer questions you may have about the actual 
contents of the public file.''

22 See Southern California Broadcasting Co., 6 FCC Rcd 4387, 4388 
 5 (1991) recon. denied, 7 FCC Rcd 3454, 3455  7 (1992) 
(``Southern California Broadcasting'') (finding that a broadcast 
licensee's ``frank'' response to a letter of inquiry did not 
warrant a downward adjustment).; MAPA Broadcasting, L.L.C., 17 
FCC Rcd 10519, 10521  8, 11 (Enf. Bur. 2002) (finding that a 
broadcast licensee's good faith inquiries and disclosures 
regarding EAS violations discovered by Commission inspection  
were not ``voluntary'' and thus did not warrant any reduction in 
the forfeiture).

23 Northwest Utilities, 17 FCC Rcd 4115, 4117  12-13 (Enf. Bur. 
2002) (reducing the forfeiture based on a finding that an 
applicant voluntary disclosed its felony convictions by filing 
timely amendments, which ``cured its otherwise flawed 
applications, thereby . . . enabling the Commission to properly 
make the public interest determinations required by Section 309 
of the Act, but denying further reduction based on its 
cooperation with the investigation). 

24 See Southern California Broadcasting, 6 FCC Rcd at 4388  5 
(1992) (Commission ``expect[s] nothing less than complete candor 
under Section 73.1015 of our Rules'' - no downward adjustment 
assessed). 

25 See Main Studio Rule and Local Public Inspection Files, 13 FCC 
Rcd at 15700 (all licensees have a duty to comply with public 
inspection file rules).

26 Specifically, the Enforcement Bureau found that the public 
inspection file lacked the following portions of the 
issues/programs list:  the last two quarters of 2001 and all four 
quarters of the year 2002.  Forfeiture Order, 19 FCC Rcd at 
21697-98.

27 Isothermal Community College, 16 FCC Rcd 21360 (Investigations 
& Hearings Division, Enf. Bur., 2001) (``Isothermal'').  

28 47 C.F.R.  1.80(b)(4) (``Section II.  Adjustment Criteria for 
Section 503 Forfeitures, Downward Adjustment Criteria'').

29 See KGB, Inc., 13 FCC Rcd 16396, 16398  8 (1998) (reducing 
the proposed forfeiture from $11,500 to $9,200 for airing 
indecent material due to the broadcast licensee's ``history of 
overall compliance prior to these broadcasts, and its apparent 
lack of violations in the period since these broadcasts''); Max 
Media of Montana, L.L.C., 18 FCC Rcd 21375, 21379  14 (Enf. Bur. 
2003) (further reducing the proposed forfeiture from $11,000 to 
$8,800 for antenna structure lighting and registration violations 
due to the licensee's history of overall compliance); South 
Central Communications Corp., 18 FCC Rcd 700, 702  9 (Enf. Bur. 
2003) (reducing the proposed forfeiture from $10,000 to $8,000 
for antenna structure lighting violations due to the licensee's 
history of overall compliance).

30 47 U.S.C.  405.

31 47 C.F.R.  1.106.

32 47 U.S.C.  504(a).

33 See 47 C.F.R.  1.1914.