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

In the Matter of                 )       File Number EB-02-KC-587
                                )
Hunt Broadcasting Group, Inc.    )      NAL/Acct.No. 200232560026
Licensee of Radio Stations KPWB  )
AM and FM at Piedmont, Missouri  )               FRN 0006-1631-09
                                )
Doniphan, Missouri



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: September 30, 2002

By the Enforcement Bureau, Kansas City Office:

                        I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  Hunt Broadcasting  Group,  Inc.  (``Hunt''), 
licensee of radio  stations KPWB AM  and FM, Piedmont,  Missouri, 
apparently liable  for a  forfeiture in  the amount  of  nineteen 
thousand dollars  ($19,000)  for willful  violation  of  Sections 
73.49,  73.1350(b)(2),   73.1350(c),   11.35(a),   73.3526(e)(5), 
73.3526(e)(6)  and  73.3526(e)(12)  of  the  Commission's   Rules 
(``Rules'').1  Specifically, we find  Hunt apparently liable  for 
failure to provide an effective  locked fence enclosing the  base 
of the  station's  AM  antenna, failure  to  provide  transmitter 
control  and   monitoring  capabilities,   failure  to   maintain 
operational  Emergency  Alert  System  (``EAS'')  equipment,  and 
failure to maintain  all required items  in the station's  public 
inspection file.

                         II.  BACKGROUND

     2.  On July 16, 2002, an agent from the Commission's  Kansas 
City Field Office inspected  stations KPWB AM  and FM located  in 
Piedmont, Missouri.   The agent  observed that  the station's  AM 
antenna tower was not enclosed inside an effective fence or other 
protective enclosure.   A  fence consisting  of  wide-spaced  2x4 
lumber surrounded the tower but allowed easy access to the  tower 
base.  Although the FM transmitter site was located remotely on a 
mountaintop site  accessible  only by  all-terrain  vehicle,  the 
agent  found  no  remote   transmitter  control  and   monitoring 
equipment at the  studio.  The  station manager  stated that  the 
station's  remote  control   had  been  out   of  operation   for 
approximately one month.  The  agent inspected the station's  EAS 
equipment and found the equipment capable of monitoring only  one 
of the two required EAS sources.  The station's logs contained no 
entries indicating EAS  equipment had been  removed from  service 
for repairs.  No logging  of EAS tests  has occurred since  April 
10, 2002.   Additionally, the  latest ownership  report,  current 
political requests and current issues/programs lists were not  in 
the public file.

                        III.  DISCUSSION

     3.  Section 73.49 of the Rules requires that antenna towers 
having radio frequency potential at the base must be enclosed 
within effective locked fences or other enclosures.  On July 16, 
2002, KPWB's AM antenna tower was not enclosed by an effective 
enclosure. 

     4.  Section 73.1350(b)(2) of the Rules requires that the 
transmitter control personnel have the capability to turn the 
transmitter off at all times.  If the personnel are at a remote 
location, the control system must provide this capability 
continuously or must include an alternate method of acquiring 
control of the transmitter that can satisfy the requirement of 
73.1350(d) that operation can be terminated within 3 minutes in 
the event that a broadcast station is operating in a manner that 
is not in compliance with the technical rules set forth.  Section 
73.1350(c) of the Rules requires the licensee to establish 
monitoring procedures and schedules, and provide indicating 
instruments that comply with Section 73.1215 of the Rules.  At 
the time of inspection on July 16, 2002, no remote control or 
monitoring equipment was installed or operational at the KPWB FM 
remote control point.  The station manager stated that the remote 
control equipment had been out of service for at least one month.
      
     5.  Section 11.35(a) of the Rules requires broadcast 
stations to ensure EAS equipment is installed so that the 
monitoring and transmitting functions are available when the 
station is in operation.  In addition, Section 11.35(b) of the 
Rules requires that if EAS equipment becomes defective, the date 
and time the equipment was removed from service must be entered 
in the station log.  On July 16, 2002, the EAS equipment at the 
KPWB studio was missing the necessary equipment to monitor the 
required second EAS source.  The station's log had no entries 
concerning EAS equipment removed from service for repair.

     6.  Section 73.3526(e)(5) of the Rules requires that a copy 
of the most recent, complete ownership report filed with the FCC 
for the stations, together with any statements filed with the FCC 
certifying that the current report is accurate, and together with 
all related materials.  On July 16, 2002, there were no copies of 
any ownership report available in the public file.

     7.  Section 73.3526(e)(6) of the Rules requires a record be 
kept of all requests received from candidates for public office 
for broadcast time.  Such records are required to be retained for 
two years.  On July 16, 2002, the latest political requests 
available in the public file during inspection were dated for the 
year 1999, even though political ads were being aired at the time 
of inspection.

     8.  Section 73.3526(e)(12) of the  Rules requires a list  of 
programs  that  have  provided  the  station's  most  significant 
treatment of community  issues during the  preceding three  month 
period.  The list shall include a brief narrative describing what 
issues were giving significant treatment and the programming that 
provided this treatment.  The  description of the programs  shall 
include, but shall not  be limited to,  the time, date,  duration 
and title of each  program in which the  issue was treated.   The 
lists shall be retained in the public inspection file until final 
action has been taken on the station's next renewal  application.  
On July  16,  2002,  the  most  current  issues-programs  listing 
available at the time of inspection was dated for the year 2000.

     9.  Based on the  evidence before us, we  find that on  July 
16, 2002, Hunt willfully2 violated Sections 73.49, 73.1350(b)(2), 
73.1350(c),   11.35(a),    73.3526(e)(5),    73.3526(e)(6)    and 
73.3526(e)(12) of the  Rules by failing  to provide an  effective 
locked fence enclosing the base of the KPWB AM tower, failing  to 
provide transmitter control and  monitoring capabilities for  the 
KPWB  FM  transmitter,  failing   to  maintain  operational   EAS 
equipment, and failing  to maintain a  current ownership  report, 
request for  political  time  and issues-programs  lists  in  the 
station's public inspection file.

     10.  Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture amount  is $7,000  for  AM tower  fencing  violations, 
$3,000  for  violation  of   transmitter  control  and   metering 
requirements, $8,000  for  failure to  maintain  operational  EAS 
equipment, and $10,000 for violation  of the public file  rules.3 
Section 503(b)(2)(D)  of  the  Communications  Act  of  1934,  as 
amended (``Act''), requires  us to  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 require.''4  Because the EAS equipment was capable 
of monitoring  one  of  the  required  two  sources,  a  downward 
adjustment of the base forfeiture for that violation from  $8,000 
to $4,000 is warranted.  Because the station maintained a portion 
of the required items in  the public inspection file, a  downward 
adjustment of the base forfeiture for that violation from $10,000 
to $5,000  is  warranted.   Considering  the  entire  record  and 
applying the statutory factors listed above, this case warrants a 
$19,000 forfeiture.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 Hunt Broadcasting Group, Inc.  is hereby NOTIFIED of  its 
APPARENT LIABILITY FOR  A FORFEITURE  in the  amount of  nineteen 
thousand dollars  ($19,000)  for willful  violation  of  Sections 
73.49,  73.1350(b)(2),   73.1350(c),   11.35(a),   73.3526(e)(5), 
73.3526(e)(6) and  73.3526(e)(12) of  the  Rules, by  failing  to 
provide an effective locked fence enclosing the base of the  KPWB 
AM tower, failing to provide control and monitoring  capabilities 
for the KPWB FM transmitter, failing to maintain operational  EAS 
equipment, and  failing to  maintain all  required items  in  the 
station's public inspection file.

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

     13.  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 FRN and NAL/Acct. No. referenced in the letterhead above.

     14.  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 FRN referenced in the letterhead above.

     15. 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 submitted.  

     16. Requests  for payment  of the  full amount  of this  NAL 
under  an   installment  plan   should   be  sent   to:   Federal 
Communications  Commission,   Chief,  Revenue   and   Receivables 
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.7 

     17.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to  Hunt  Broadcasting  Group,  Inc.  at  204  East   Washington, 
Doniphan, Missouri  63935.



                              FEDERAL COMMUNICATIONS COMMISSION
                         



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

1 47 C.F.R  73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 
73.3526(e)(5), 73.3526(e)(6) and 73.3526(e)(12).

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).

3 47 C.F.R.  1.80(b)(4).

4 47 U.S.C.  503 (b)(2)(D).

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

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.