Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                   )     File Number EB-02-KC-425
KGGF-KUSN, Inc.                    )    NAL/Acct. No.200232560015
Licensee of KGGF-FM at Fredonia,   )
Kansas                             )               FRN 0002534055
Springfield, Missouri              )


                                          Released: July 12, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find KGGF-KUSN,  Inc., licensee  of radio  station 
KGGF-FM, Fredonia, Kansas, apparently liable for a forfeiture  in 
the amount  of seven  thousand dollars  ($7000) for  willful  and 
repeated violation  of  Section 73.1125(a)  of  the  Commission's 
Rules  (``Rules'').1   Specifically,  we  find  KGGF-KUSN,   Inc. 
apparently liable  for not  maintaining a  presence at  its  main 
studio during normal business hours.

                         II.  BACKGROUND

     2.   On June 5, 2002, at 4:15  P.M. local time, an agent  of 
the  Commission's  Kansas  City   Field  Office  (``Kansas   City 
Office'') attempted an inspection of radio station KGGF-FM's main 
studio located  at  200  Arco  Place,  Suite  345,  Independence, 
Kansas.  The main studio office  doors were locked and no  lights 
were visible.  There were  no office hours  denoted on the  doors 
and no indication of why the office was closed.  The agent called 
the listed telephone number for KGGF-FM and received no answer. 

     3.   On June 6,  2002, at  8:40 A.M. local  time, the  agent 
again telephoned the station and  received no answer.  The  agent 
called again at 9:01 A.M.  A man answered identifying as  ``KGGF-

     4.   Still on June  6, 2002  at 11:15 A.M.  local time,  the 
agent went to the KGGF-FM main studio and found the office  doors 
locked and no lights visible.  There  were no notes on the  doors 
explaining why the main studio  was closed.   The agent  returned 
at 12:30 P.M. with the same results as previous visits.

     5.   On June 10 and  11, 2002, another  agent of the  Kansas 
City Office  interviewed, via  telephone, Mr.  John Leonard,  the 
general  manager   for   KGGF/KKRK/KUSN/KGGF-FM.    Mr.   Leonard 
confirmed the agent had the correct address and telephone  number 
for the KGGF-FM main  studio and further  stated that the  office 
hours for the KGGF-FM studio were 8 A.M. to 5 P.M. Monday through 
Friday.  Mr. Leonard called the agent back later stating that the 
KGGF-FM studio was not staffed  ``fulltime.''  On June 12,  2002, 
Mr. Leonard faxed to the  Kansas City Office a staffing  schedule 
for KGGF-FM covering the previous week.  The schedule showed only 
one person at the studio during the previous week and that person 
was never present after 10:00 A.M.

                        III.  DISCUSSION

     Section 73.1125(a)  requires  the licensee  of  a  broadcast 
station to  maintain  a  main  studio at  one  of  the  following 
locations:  (1) within the station's community of license; (2) at 
any location within  the principal community  contour of any  AM, 
FM, or TV broadcast station  licensed to the station's  community 
of license; or  (3) within twenty-five  miles from the  reference 
coordinates of  the  center  of its  community  of  license.   In 
adopting  the  main  studio  rules,  the  Commission   explicitly 
informed permittees and licensees  that compliance with the  main 
studio rules  required  maintenance  of a  meaningful  staff  and 
management presence,2 stating: 

          A station must  maintain a main  studio which  has 
     the capability  adequately  to meet  its  function,  as 
     discussed above, of serving the needs and interests  of 
     the residents of  the station's  community of  license.  
     To fulfill this function, a station must equip the main 
     studio with production and transmission facilities that 
     meet applicable standards, maintain continuous  program 
     transmission  capability,  and  maintain  a  meaningful 
     management  and   staff   presence.    Maintenance   of 
     production  and  transmission  capability  will   allow 
     broadcasters to continue, at  their option, and as  the 
     marketplace demands, to produce  local programs at  the 
     studio.  A  meaningful  management and  staff  presence 
     will help expose stations to community activities, help 
     them identify community needs and interests and thereby 
     meet their community service requirements.3

Subsequently, in  its  decision in  Jones  Eastern of  the  Outer 
Banks,  Inc.   (``Jones  Eastern''),4   the  Commission   further 
clarified the  concept  of  a  meaningful  management  and  staff 
presence.  The Commission  specified that, at  a minimum, a  main 
studio must  maintain full-time  managerial and  full-time  staff 
personnel.5  The Commission also  stated that licensees need  not 
have the same staff person and manager at the studio, as long  as 
there was  management  and  staff presence  there  during  normal 
business hours.6   With  respect  to  management  personnel,  the 
Commission further clarified that they  need not be ``chained  to 
their desks'' but that they would  be required to report to  work 
at the main studio on a  daily basis, spend a substantial  amount 
of time there, and use the  main studio as their ``home  base.''7  
On June  5,  2002 and  June  6,  2002, KGGF-KUSN,  Inc.  did  not 
maintain a presence at the  main studio of KGGF-FM during  normal 
business hours.   The main  studio was  completely unattended  on 
June 5, 2002, from 4:15 P.M. to 4:45 P.M local time, and on  June 
6, 2002, at  8:40 A.M.,  11:15 A.M.  and 12:30  P.M. local  time.  
KGGF-FM's own staffing schedule for the previous week showed  the 
main studio completely  unattended for most  of the business  day 
during that week.

     6.   Based on  the evidence  before us,  we find  KGGF-KUSN, 
Inc. willfully8 and  repeatedly9 violated  Section 73.1125(a)  of 
the Rules by failing to maintain a presence at the main studio of 
KGGF-FM during normal business hours.

     7.   Pursuant to Section 1.80(b)(4) of the Rules,10 the base 
forfeiture amount for violation of  main studio rules 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  Communications  Act  of  1934,  as  amended 
(``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.11  
Considering the  entire record  and applying  the factors  listed 
above, this case warrants a $7,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,12  and Sections 0.111, 0.311  and 1.80 of  the 
Rules,13 KGGF-KUSN,  Inc. is  hereby  NOTIFIED of  this  APPARENT 
LIABILITY FOR  A  FORFEITURE  in the  amount  of  seven  thousand 
dollars ($7,000) for  willful and repeated  violation of  Section 
73.1125(a) of  the Rules  by  failing to  failing to  maintain  a 
presence at the  main studio  of KGGF-FM  during normal  business 

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

     10.  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.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.14

     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. 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.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to KGGF-KUSN, Inc., P.O. Box 4584, Springfield, Missouri  65808.   


                         Robert C. McKinney
                         District Director,  Kansas City  Office, 
Enforcement Bureau

1 47 C.F.R.  73.1125(a)

2  Main Studio and Program Origination Rules, 3 FCC Rcd 5024 
(1988); 53 FR 32899 (August 29, 1988). 

3 Id. At 5026 (footnotes omitted).

4 6 FCC Rcd 3615 (1991), clarified, 7 FCC Rcd 6800 (1992).

5 Id., 6 FCC Rcd at 3616.

6 Id. at n. 2.

7 Id., 7 FCC Rcd at 6802.

8 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 . . . .''  See Southern California Broadcasting Co., 6 
FCC Rcd 4387-88 (1991).

9 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''  47 U.S.C.  

10 47 C.F.R.  1.80(b)(4).

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

12 47 U.S.C.  503(b).

13 47 C.F.R.  0.111, 0.311, 1.80.

14 See 47 C.F.R.  1.1914.