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

In the Matter of               )     File Number EB-02-KC-594
Wilkins Communications         )   NAL/Acct. No. 200332560003
Network, Inc.                  )
Licensee of AM Radio Station   )             FRN 0006-1527-71
KLNG in Council Bluffs, Iowa   )
Spartanburg, South Carolina


                                   Released: October 3, 2002

By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),  we find  Wilkins  Communications Network,  Inc., 
licensee  of AM  radio station  KLNG, Council  Bluffs, Iowa, 
apparently liable  for a forfeiture  in the amount  of three 
thousand five hundred dollars ($3,500) for willful violation 
of Sections  11.61(a) and 73.3526(e)(6) of  the Commission's 
Rules   (``Rules'').1    Specifically,   we   find   Wilkins 
Communications Network,  Inc. apparently liable  for failing 
to transmit EAS  tests and for failing to  maintain the most 
recent requests for political time in the public file.

                       II.  BACKGROUND

     2.   On  August  15,  2002,   an  agent  from  the  FCC 
Enforcement  Bureau's  Kansas  City Field  Office  inspected 
radio  station  KLNG,  Council   Bluffs,  Iowa.   The  agent 
observed that the  station's logs showed no  record that the 
station had transmitted EAS  tests since October, 2001.  The 
station manager  and chief operator stated  that the station 
had run no EAS tests since September 11, 2001.  In addition, 
the station's  public file did  not contain the  most recent 
requests  for political  time.  The  station manager  stated 
that  the station  had  aired  political advertising  during 
August, 2002.

                      III.  DISCUSSION

     3.  Section 11.61(a) of the Rules requires broadcast 
stations to conduct weekly and monthly tests of the EAS.  
Section 11.61(b)2 of the Rules requires that entries be made 
in the broadcast station records of EAS tests received and 
transmitted.  At the time of inspection on August 15, 2002, 
the KLNG logs contained no indication that required EAS 
tests were transmitted since October, 2001.  Station 
personnel stated that no tests had been transmitted since 
September of 2001.3 

     4.  Section 73.3526(e)(6) requires all licensees to 
keep a record of requests for broadcast time made by or on 
behalf of a candidate for public office, together with an 
appropriate notation showing the disposition made by the 
licensee of such requests and the charges made, if any, if 
the request is granted.  All records shall be placed in the 
political file as soon as possible and shall be retained for 
a period of two years.  As soon as possible means 
immediately absent unusual circumstances.4  Inspection of 
the public file on August 15, 2002, could not locate any 
political files for the August, 2002 election even though 
the station manager stated that the station had aired 
political advertising.

     5.  Based on the evidence  before us, we find that KLNG 
willfully5 violated  Sections 11.61(a) and  73.3526(e)(6) of 
the Commission's  Rules by  failing to conduct  required EAS 
tests  and  failing  to  maintain  copies  of  requests  for 
political  advertising  in  the public  file.   Pursuant  to 
Section 1.80(b)(4) of the Rules,6 the base forfeiture amount 
for violation of public file rules is $10,000 per violation. 
The  Rules do  not establish  a base  forfeiture amount  for 
violating  the  Commission's   rules  requiring  EAS  tests.  
Therefore, we must determine  what an appropriate forfeiture 
amount should be for  this violation.7  The requirement that 
broadcast  stations conduct  EAS  tests is  similar in  both 
nature   and   severity   to  other   required   operational 
performance  checks  identified  in the  Rules  as  required 
measurements or  required monitoring.   Section 1.80  of the 
Rules sets the base forfeiture  amount at $2,000 for failure 
to   make   required   measurements  or   conduct   required 
monitoring.8  Therefore, we will  assess the base forfeiture 
for failing  to conduct EAS  tests in the amount  of $2,000.  
In assessing  the monetary  forfeiture amount, we  must take 
into  account the  statutory  factors set  forth in  Section 
503(b)(2)(D) of  the Communications Act of  1934, as amended 
(``Act''),9 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.  Because  KLNG's public  file was  present but 
missing  a  portion  of   the  required  items,  a  downward 
adjustment of the base  forfeiture amount for this violation 
from $10,000 to $1,500 is warranted.  Considering the entire 
record  and applying  the  factors listed  above, this  case 
warrants a forfeiture of $3,500.

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,10 and Sections  0.111, 0.311 and 
1.80 of the Rules,11 Wilkins Communications Network, Inc. is 
in  the  amount  of  three  thousand  five  hundred  dollars 
($3,500)  for willful  violation  of  Sections 11.61(a)  and 
73.3526(e)(6) of the Rules by  failing to transmit EAS tests 
and failing  to maintain  the political  file in  the public 
inspection file.

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

     8.  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 should note the NAL/Acct. No. and FRN referenced 
above.  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.  20554.12

     9.  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. referenced above.

     10.  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 

     11.  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.

     12. IT IS FURTHER ORDERED THAT a copy of this NAL shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to  Wilkins Communications  Network, Inc.,  PO Box 
444, Spartanburg, SC  29304.


                              Robert C. McKinney
                              District Director, Kansas City 
                              Enforcement Bureau


1 47 C.F.R.  11.61(a), 73.3526(e)(6).
2 47 C.F.R.  11.61(b).
3  On  September  18,  2001, the  FCC's  Enforcement  Bureau 
released  a Public  Notice stating  that, in  response to  a 
request by  the Federal Emergency Management  Agency, and in 
order  to  avoid  potential  public  confusion  or  fear  in 
connection with the terrorist attacks of September 11, 2001, 
the Bureau  would not enforce EAS  testing requirements from 
that date  until October  2, 2001.   See Public  Notice, EAS 
Routine Testing, DA 01-2183, (rel. September 18, 2001).
4 See 47 C.F.R.  73.1943.
5 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to 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 ....''   See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
6 47 C.F.R.  1.80(b)(4).
7  See  The  Commission's Forfeiture  Policy  Statement  and 
Amendment of  Section 1.80 of  the Rules to  Incorporate the 
Forfeiture Guidelines (``Forfeiture  Policy Statement''), 12 
FCC Rcd 17087  (1997), recon. denied 15 FCC  Rcd 303 (1999).  
The  Forfeiture  Policy  Statement  states  that  ``...  any 
omission  of   a  specific  rule  violation   from  the  ... 
[forfeiture  guidelines]  ...  should not  signal  that  the 
Commission considers  any unlisted violation  as nonexistent 
or unimportant.''   Forfeiture Policy Statement, 12  FCC Rcd 
at 17099.  The Commission  retains the discretion, moreover, 
to  depart from  the Forfeiture  Policy Statement  and issue 
forfeitures  on  a  case?by?case basis,  under  its  general 
forfeiture authority  contained in  Section 503 of  the Act.  
847 C.F.R.  1.80.
9 47 U.S.C.  503(b)(2)(D).

10 47 U.S.C.  503(b).
11 47 C.F.R.  0.111, 0.311, 1.80.
12 See 47 C.F.R.  1.1914.