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

                                )
                                )
In the Matter of                )  File No. EB-99-ST-404
                                )
KXLE, Inc.                      )  NAL/Acct. No. 915ST0008
KXLE(AM) & KXLE-FM              )
Ellensburg, Washington          )
                                )




                        FORFEITURE ORDER 

     Adopted:  March 14, 2000           Released:  March 15, 2000 

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount of  eight  thousand  dollars 
($8,000) against  KXLE,  Inc.,  ("KXLE"),  licensee  of  Stations 
KXLE(AM)  and  KXLE-FM,   Ellensburg,  Washington,  for   willful 
violation of Section 11.35 of the Commission's Rules  ("Rules").1  
The noted  violation involves  the failure  of KXLE  to keep  the 
Emergency Alert System  ("EAS") equipment  for Stations  KXLE(AM) 
and KXLE-FM operational.

     2.   On June 24,  1999, the District  Director of the  FCC's 
Seattle, Washington Field Office ("Field Office") issued a Notice 
of Apparent Liability for Forfeiture  (``NAL'') in the amount  of 
eight thousand dollars ($8,000).2  KXLE filed a response on  July 
26, 1999.3

                         II.  BACKGROUND

     3.   On March  9,  1999,  an agent  from  the  Field  Office 
conducted an inspection of  Stations KXLE(AM) and KXLE-FM,  which 
was limited to  the EAS  system, tower  registration, and  public 
file requirements.  The inspection resulted in the issuance of  a 
Notice of Violation  ("NOV") on  April 21,  1999, for  violations 
concerning the EAS system, the  stations' public files and  tower 
registration.  KXLE  responded  to  the  NOV  on  May  27,  1999, 
indicating that  all the  violations  had been  corrected.   Upon 
reviewing KXLE's response to the NOV, the Field Office issued  an 
NAL for failure to  keep the EAS  equipment operational for  both 
the AM and the FM stations.
  
     4.   In response to  the NAL,  the licensee sent  the FCC  a 
letter asking that  the staff re-evaluate  the forfeiture  amount 
because: KXLE(AM) had  been compliant  with the  EAS rules  since 
April 1998, but the  equipment was dismantled  for repair on  the 
day of the inspection; management  did not know that KXLE-FM  was 
required to  relay  EAS alerts;  the  misunderstanding  regarding 
KXLE-FM's equipment was corrected as soon as it became known; and 
the amount of  the forfeiture is  beyond the stations'  financial 
means.   

                        III.  DISCUSSION

     5.   We do not  believe that KXLE  has presented  sufficient 
reasons to justify reducing the  forfeiture amount.  Even if  the 
AM equipment  had  been  dismantled  for repair  on  the  day  of 
inspection, as  KXLE  claims,  we believe  an  $8,000  forfeiture 
amount for the inoperable EAS equipment for the FM station  alone 
is appropriate.  See 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, 
FCC 99-407, released December 28, 1999 (base amount of $8,000 for 
EAS violation).  

     6.   Further, KXLE  claims that  its  lack of  knowledge  of 
required EAS testing  for the  FM station  warrants reducing  the 
forfeiture amount.   Commission  licensees  are  responsible  for 
knowing and  adhering to  the statutes  and rules  that apply  to 
them. Lack  of  knowledge of  those  statutes and  rules  is  not 
sufficient justification for  reducing a  forfeiture imposed  for 
violating them.  See Sitka Broadcasting Company, Inc., 70 FCC  2d  
2375, 2378 (1979). 

     7.   KXLE also requests mitigation of the forfeiture  amount 
because it corrected the violation as  soon as it was made  aware 
of it.   Though  it  appears that  the  violation  was  rectified 
promptly after  the  inspection,  remedial action  to  correct  a 
violation, although commendable,  will not  nullify a  forfeiture 
penalty.  See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973). 

     8.   Finally, KXLE asserts  that the  monetary fine  imposed 
upon it is  beyond its  financial means.   The NAL  sent to  KXLE 
clearly  stated  that  claims  of  inability  to  pay  should  be 
supported by tax returns  or other financial statements  prepared 
under generally  accepted  accounting  procedures  for  the  most 
recent  three-year  period.4   Because   KXLE  did  not   provide 
financial information upon which we  can make a determination  as 
to its ability to  pay the forfeiture, we  must deny the  request 
for reduction.  See Liability  of Maccau Traders  , Inc., 13  FCC 
Rcd 228 (1998).       

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Communications Act of  1934, as amended  ("Act"),5 
and Sections 0.111,  0.311 and  1.80(f)(4) of  the Rules,6  KXLE, 
Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of  eight 
thousand dollars  ($8,000) for  violating  Section 11.35  of  the 
Rules requiring that a broadcast station's EAS equipment be  kept 
operational. 

     10.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules,7 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.8  
Payment may  be  made by  credit  card through  the  Commission's 
Credit and Debt Management Center at (202) 418-1995 or 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 should  note NAL/Acct.  No.  915ST0008. 
Requests for full  payment under  an installment  plan should  be 
sent to:  Chief,  Credit and  Debt  Management Center,  445  12th 
Street, S.W., Washington, D.C. 20554.9

     11.  IT IS FURTHER ORDERED that,  a copy of this  Forfeiture 
Order shall be sent by Certified Mail Return Receipt Requested to 
KXLE, Inc.,  at 1311  Vantage Highway,  Attn:  Brad  Tacher,  GM, 
Ellensburg, Washington 98926.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

     
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R.  11.35.

     2 Notice of Apparent Liability, NAL/Acct. No. 915ST0008 
(released June 24, 1999).

     3 KXLE's response was timely filed but misdirected.  The 
staff was not aware of a response being filed and issued a "no 
response" Forfeiture Order, DA 99-1982 (released September 27, 
1999).  The Forfeiture Order was set aside by letter on October 
18, 1999, after the staff became aware of the response.  

     4 Notice of Apparent Liability at footnote 2.

     5 47 U.S.C.  503(b).

     6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     7 47 C.F.R.  1.80.

     8 47 U.S.C.  504(a).

     9 See 47 C.F.R.  1.1914.