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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.