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

In the Matter of                 )
Radio Bonners Ferry, Inc.        )       File Number EB-02-ST-197
Licensee of AM Radio Station     )     NAL/Acct. No. 200332980001
KBFI                             )                 FRN 0007741952
Bonners Ferry, Idaho             )


                                        Released: October 2, 2002

By the Enforcement Bureau, Seattle Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Radio Bonners Ferry, Inc., licensee of AM 
radio station KBFI,  Bonners Ferry,  Idaho, apparently  willfully 
violated Section 73.49 of the Commission's Rules (``Rules'')1  by 
failing to  enclose its  antenna  structure within  an  effective 
locked fence  or  other  enclosure.   We  conclude,  pursuant  to 
Section 503(b)  of the  Communications Act  of 1934,  as  amended 
(''Act''),2 that Radio Bonners Ferry, Inc., is apparently  liable 
for  a  forfeiture  in  the  amount  of  seven  thousand  dollars 

                         II.  BACKGROUND

     2.   On May  21,  2002,  agents  from  the  FCC  Enforcement 
Bureau's Seattle Field Office inspected the antenna structure  of 
radio station  KBFI(AM)  in  Bonners Ferry,  Idaho.   The  agents 
observed that  the  fencing  around  the  antenna  structure  was 
leaning and the  gate was  unable to  be closed  or locked.   The 
antenna structure had radio frequency potential at the base.

     3.   The Seattle Field Office  issued a Notice of  Violation 
to Radio  Bonners Ferry,  Inc., on  June 7,  2002, detailing  the 
violation.  Radio Bonners Ferry, Inc., replied on June 24,  2002, 
stating that the old fence had been torn down.  On July 24, 2002, 
Radio Bonners Ferry, Inc., notified the Seattle Field Office that 
construction of a new  fence had been  completed and submitted  a 
picture of the new fence. 

                      III.      DISCUSSION

     4.   Section 503(b) of the Act provides that any person  who 
willfully or repeatedly  fails to comply  substantially with  the 
terms and conditions of any  license, or willfully or  repeatedly 
fails to comply with any of the  provisions of the Act or of  any 
rule, regulation or  order issued by  the Commission  thereunder, 
shall be liable for a forfeiture penalty.  The term "willful"  as 
used in Section 503(b) has  been interpreted to mean simply  that 
the acts or omissions are committed knowingly.3

     5.   Section  73.49  of  the  Rules  states  in  part   that 
"[a]ntenna towers having  radio frequency potential  at the  base 
(series fed, folded unipole, and insulated base antennas) must be 
enclosed within  effective locked  fences or  other  enclosures."  
Station KBFI's antenna system is series-fed.  The AM transmission 
fencing requirements thus  apply to  station KBFI.   The May  21, 
2002, inspection of  the KBFI antenna  structure found the  fence 
enclosing the antenna structure leaning and the gate unable to be 
securely  closed,  allowing  access   to  the  radiating   tower.  
Effective base fencing  is an important  safety requirement.   AM 
series-fed antenna  structures radiate  energy that  renders  any 
physical contact  with  the antenna  structure  itself  extremely 
dangerous.  In  addition, AM  antenna structures  are capable  of 
generating radio  frequency fields  at the  base of  the  antenna 
structure that may  exceed the  Commission's maximum  permissible 
exposure guidelines.  Effective base fencing is thus important to 
prevent  possible  contact  with  the  radiating  structure   and 
excessive radio frequency radiation exposure.

     6.   Based on the evidence  before us, we  find that on  May 
21, 2002, Radio Bonners  Ferry, Inc., willfully violated  Section 
73.49 of  the Rules  by failing  to provide  an effective  locked 
fence or  other enclosure  around their  antenna structure.   The 
base forfeiture amount set by The Commission's Forfeiture  Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate  the  Forfeiture   Guidelines,  ("Forfeiture   Policy 
Statement"),4 and  Section 1.80  of the  Commissions Rules,5  for 
failure to comply with AM tower fencing is $7,000.  In  assessing 
the monetary forfeiture  amount, we must  also take into  account 
the statutory factors  set forth in  Section 503(b)(2)(D) of  the 
Act, which include 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 require.6  We note that  Radio 
Bonners Ferry, Inc., did replace the entire old fence with a  new 
fence.  However, corrective action taken to come into  compliance 
with Commission rules or policy is expected, and does not nullify 
or mitigate any prior forfeiture or violations.7  Considering the 
entire record and  applying the factors  listed above, this  case 
warrants a $7,000 forfeiture.

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Radio  Bonners Ferry,  Inc. is  hereby NOTIFIED  of  this 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars ($7,000) for willful violation of Section  73.49 
of the Rules by  failing to provide  effective locked fences  for 
its antenna towers.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Radio Bonners  Ferry,  Inc. SHALL  PAY  the full  amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     9.   Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the NAL/Acct. No. and FRN referenced above.  

     10.  Request for  payment of  the full  amount of  this  NAL 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivable Operations Group, 445  12th Street, S.W.,  Washington, 
D.C.  20554.10

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  must  include   the 
NAL/Acct. No. and the FRN referenced above.

     12.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 

     13.   Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent  to the  Technical &  Public  Safety 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.
     14.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Bonners Ferry,  Inc., KBFI-AM, 327  Marion Avenue,  Sandpoint, 
Idaho 83864.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Dennis J. Anderson
                              District Director, Seattle Office
                              Enforcement Bureau


1 47 C.F.R.  73.49.
2 47 U.S.C.  503(b).
3 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', 
when used with  reference to  the commission or  omission of  any 
act, 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).  
4 12 FCC Rcd 17087 (1997), recon. Denied, 15 FCC Rcd 303 (1999).
5 47 C.F.R.  1.80(b)(4).
6 47 U.S.C.  503(b)(2)(D).
7 KASA Radio Hogar, Inc., 17 FCC Rcd 6256 (2002). 
8 47 U.S.C.  503(b).
9 47 C.F.R.  0.111, 0.311, 1.80.
10 See 47 C.F.R.  1.1914.