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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
     Broadcast Entertainment            )                                    
     Former Licensee of:                         File Numbers: EB-07-DV-056  
     KICA(AM)                                                  EB-07-DV-057  
     Clovis, New Mexico                                      NAL/Acct. No.:  
                                        )                      200732800005  
     Facility ID # 61577                                                     
                                        )                   FRN: 0000012898  
     Clovis, New Mexico                                                      
     Facility ID # 33402                                                     

                                FORFEITURE ORDER

   Adopted: September 7, 2007   Released:  September  11, 2007

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Broadcast
       Entertainment Corporation ("BEC"), former licensee of stations
       KICA(AM) and KKYC(FM) serving Clovis, New Mexico,  for willful and
       repeated violation of Section 73.3526  of the Commission's Rules
       ("Rules"). On June 18, 2007, the Enforcement Bureau's Denver Office
       issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
       amount of $8,000 to BEC for failing to maintain a complete public
       inspection file for each station. In this Order, we consider BEC's
       arguments that the proposed forfeiture amount should be cancelled
       because BEC is no longer the licensee of KICA(AM) and KKYC(FM), and
       that BEC rectified the violation after the inspection by the Denver


    2. On January 10, 2007, an agent from the Enforcement Bureau's Denver
       Office conducted an inspection of KICA(AM) and KKYC(FM) at the
       station's main studio location of 1000 Sycamore Street, in Clovis, New
       Mexico, during normal business hours. The inspection revealed that the
       stations' public inspection files did not contain all of the required
       quarterly radio issues/programs lists for the entire license term. The
       current license term for each of the stations started on October 1,

    3. BEC's General Manager and Sales Manager were present for the
       inspection. At the time the inspection was conducted, the agent
       observed the quarterly radio issues/programs list for the 2nd and 3rd
       quarters of 2006 were missing from the KICA(AM) and KKYC(FM) public
       inspection files. The General and Sales Managers were unable to locate
       the missing items when the agent inquired about their location.

    4. On June 18, 2007, the Denver Office issued a NAL in the amount of
       $8,000 to BEC, finding that BEC apparently willfully and repeatedly
       failed to maintain complete public inspection files for KICA(AM) and
       KKYC(FM). BEC filed a response ("Response") on July 16, 2007, arguing
       that the proposed forfeiture amount should be cancelled because BEC is
       no longer the licensee of KICA(AM) and KKYC(FM), and that BEC
       rectified the violation after the inspection by the Denver Office.


    5. The proposed 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  ("Forfeiture
       Policy Statement"). In examining BEC'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

    6. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM and FM station licensee shall maintain a public inspection file
       containing the material, relating to that station, described in
       paragraphs (e)(1) through (e)(10) and paragraphs (e)(12) through
       (e)(14) of this section as well as paragraph (e)(16) of this section.
       Further, as required by Section 73.3526(b), the public inspection file
       shall be maintained at the station's main studio location.

    7. Section 73.3526(e)(12) of the Rules requires licensees to place in
       their public inspection file, for each calendar quarter, a list of
       programs that have provided the station's most significant treatment
       of community issues during the preceding three month period. This list
       is known as the radio issues/programs list and copies of the lists
       must be maintained in the file until final action has been taken on
       the station's next renewal application. The public inspection files
       for KICA(AM) and KKYC(FM) were missing quarterly radio issues/program
       lists for multiple quarters during the license term, specifically the
       2nd and 3rd quarters of 2006. BEC was aware of the requirement to have
       a complete public inspection file for KICA(AM) and KKYC(FM) given its
       response in the renewal applications, FCC Form 303-S, filed May 27,
       2005. In Section III, Question 3, for each station, BEC certified that
       the public inspection file had the proper documentation as required by

    8. BEC does not dispute that the documents listed above were missing from
       the KICA(AM) and KKYC(FM) public inspection files at the time of the
       inspection. Instead, BEC argues that, consistent with precedent,
       because BEC is no longer the licensee of KICA(AM) and KKYC(FM), the
       proposed forfeiture is moot and should be cancelled. We disagree. We
       note that the sale of a station, standing alone, is not a basis for
       cancelling a proposed forfeiture. We also find that none of the cases
       cited by BEC compels us to cancel the forfeiture proposed by the
       Denver Office. In Flambo Broadcasting, Inc., ("Flambo") and Americom
       Las Vegas Ltd. Partnership ("Americom"), while the Commission noted
       that Flambo and Americom no longer held the licenses that were the
       subject of the proposed forfeitures, the primary reason given for
       rescinding the proposed forfeitures was the significant amount of time
       (six years) that had elapsed between the issuance of the underlying
       Notices of Apparent Liability for Forfeiture, and the subsequent
       Memorandum Opinions and Orders. That is not an issue in this case as
       the instant Order is being issued less than three months after the
       issuance of the NAL. The amount of time between the issuance of the
       Notice of Apparent Liability for Forfeiture and the subsequent
       Memorandum Opinion and Order was also significant in the cancellation
       of the proposed forfeiture in Grass Roots Broadcasting, LLC  ("Grass
       Roots"). In that case, over sixteen months had passed between the two
       actions and during that period of time the Enforcement Bureau found
       that the state business license for Grass Roots had been cancelled and
       that Grass Roots had no assets. While BEC states that it expects to be
       legally dissolved by the end of this year, it remains an ongoing
       concern as of the date of this Order.

    9. In Lighthouse Broadcasting ("Lighthouse"), while the Enforcement
       Bureau noted that Lighthouse was no longer a Commission licensee, the
       Bureau specifically found that the payment of the proposed forfeiture
       would impose a financial hardship on Lighthouse and cancelled the
       proposed forfeiture. In the instant case, BEC has produced no evidence
       or financial documentation showing that payment of the forfeiture
       would impose a financial hardship on BEC. In Madison Broadcasting
       Group, Inc., ("Madison"), the Enforcement Bureau cancelled a
       forfeiture against Madison after "reviewing the particular
       circumstances" of that case. Those circumstances included no evidence
       of repeated violations, questions regarding the willfulness of the
       violation, the dismantling of the antenna structures at issue, and an
       incomplete showing of an inability to pay, supported by the fact that
       the station operated by the licensee and antenna structure registrant
       was silent, with Commission permission, at the time the NAL was
       issued. In the instant case, no such extenuating circumstances exist.
       Considering the precedent offered by BEC, and the facts of the instant
       case, we find that the circumstances do not compel us to utilize the
       discretion authorized by Section 1.80(i) of the Rules and we,
       therefore, decline to cancel the proposed forfeiture.

   10. BEC also argues that its failure to place the missing quarterly
       issues/programs lists in the public inspection file was a mistake due
       to a change in management and was rectified shortly after the
       inspection. The Commission has consistently held that a licensee is
       expected to correct errors when they are brought to the licensee's
       attention and that such correction is not grounds for a downward
       adjustment in the forfeiture. Additionally, where lapses occur in
       maintaining the public inspection file, neither the negligent acts nor
       omissions of station employees or agents, nor the subsequent remedial
       actions undertaken by the licensee, excuse or nullify a licensee's
       rule violation.

   11. Based on the information before us, having examined it according to
       the statutory factors above, and in conjunction with the Forfeiture
       Policy Statement, we find that no reduction of the proposed $8,000
       forfeiture is warranted.


   12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Broadcast
       Entertainment Corporation, IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of $8,000 for willfully and repeatedly violating Section
       73.3526 of the Rules.

   13. 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. 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 full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Broadcast
       Entertainment Corporation, at its address of record, and Brendan
       Holland, Esquire, Davis Wright Tremaine, LLP, its counsel of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   On March 21, 2007, the Commission granted an application (File No.
   BAL-20070201BFW) to assign the KICA(AM) and KKYC(FM) licenses from
   Broadcast Entertainment Corporation to Tallgrass Broadcasting, LLC. The
   transaction was consummated on April 2, 2007.

   47 C.F.R. S: 73.3526.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732800005
   (Enf. Bur., Western Region, Denver Office, released June 18, 2007).

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(b).

   47 C.F.R. S: 73.3526(e)(12).

   See BEC renewal applications for KICA (AM) and KKYC (FM), File Nos.
   BR-20050527AQG and BRH-20050527AQF, respectively. Both applications were
   granted on September 26, 2005.

   BEC cites to Grass Roots Broadcasting, LLC, 19 FCC Rcd 4018 (EB 2004)
   (cancelling proposed $20,000 forfeiture for tower and main studio
   violations); Lighthouse Broadcasting, 18 FCC Rcd 9573 (EB 2003)
   (cancelling proposed $12,000 forfeiture for failure to maintain emergency
   alert system equipment and failure to discontinue operations at night);
   Madison Broadcasting Group, Inc.,18 FCC Rcd 4860 (EB 2003) cancelling
   $12,000 forfeiture for tower registration and painting issues); Flambo
   Broadcasting, Inc., 15 FCC Rcd 23429 (2000) (rescinding proposed
   forfeiture for broadcast of indecent material); and Americom Las Vegas
   Ltd. Partnership, 15 FCC Rcd 13550 (2000) (rescinding proposed forfeitures
   of $111,250 for broadcasting indecent material).

   See, e.g., Vista Point Communications, Inc., 14 FCC Rcd 140 (MB 1999);
   First Media of Monterey, Inc., 7 FCC Rcd 4589 (MB 1992).

   47 C.F.R. S: 1.80(i).

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 73.3526.

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 07-3868



   Federal Communications Commission DA 07-3868