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

In the Matter of                )
Union Broadcasting, Inc.        )
WKIB Radio                     )                                                

File No. EB-01-KC-573
Anna, Illinois                  )                                     

NAL/Acct. No. 20013256-002


                                                 Released: June 
22, 2001

By the Enforcement Bureau, Kansas City Field Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find Union Broadcasting, Inc.  (Union), licensee of FM  broadcast 
station WKIB,  has apparently  violated Section  11.35(a) of  the 
Commission's Rules (``Rules'') by failing to have Emergency Alert 
System (EAS) equipment installed and operating.1 We conclude that 
Union Broadcasting Inc.  is apparently liable  for forfeiture  in 
the amount of eight thousand dollars ($8,000).  

                         II.  BACKGROUND

     2.   On April  11,  2001,  an agent  from  the  Commission's 

Kansas  City  Field  Office   (``Field  Office'')  inspected   FM 

broadcast  station  WKIB.   During  this  inspection,  the  agent 

determined that the EAS equipment was not installed.
     3.   On April  19, 2001,  a Notice  of Violation  (NOV)  was 

issued to Union citing this  deficiency.  On May 18, 2001,  Union 

submitted a written reply stating  that it now had EAS  equipment 

properly installed and functioning.  

                        III.  DISCUSSION

     4.   Section 11.35(a)  of the  Rules  states in  part  that, 
``Broadcast stations and cable systems 
and wireless  systems  are  responsible  for  ensuring  that  EAS 
Encoders,  EAS  Decoders  and  Attention  Signal  generating  and 
receiving equipment used as part of the EAS are installed so that 
the monitoring and  transmitting functions  are available  during 
the times the stations and systems are in operation.''  

     5.   Based on the evidence before us, we find that on  April 
11, 2001, Union willfully2 violated Section 11.35(a) of the Rules 
by failing to have EAS equipment installed so that monitoring and 
transmitting functions were available.
     6.   Pursuant to Section 1.80(b)(4) of the Rules, Guidelines 

for Assessing Forfeiture, the base forfeiture amount for  failure 

to install and  have functioning  EAS equipment  is $8,000.3   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  (``Act''), as amended,  which 

include the  nature, circumstances,  extent, and  gravity of  the 

violation(s), 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  Applying  Section 

1.80(b)(4) of  the Rules  and statutory  factors to  the  instant 

case, we find no compelling  evidence to support any  adjustments 

to the base forfeiture amounts.  Therefore, a total forfeiture in 

the amount of $8,000 is warranted.

                       IV.  ORDERING CLAUSES

     7.   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 

Commission's Rules,6 Union Broadcasting Inc., is hereby  NOTIFIED 

of their APPARENT  LIABILITY FOR  A FORFEITURE in  the amount  of 

eight thousand dollars ($8,000) for violating Section 11.35(a) of 

the Commission's Rules, 47 C.F.R.  11.35(a). 

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules7, within thirty days of the release date of this NOTICE 
OF APPARENT  LIABILITY, Union  Broadcasting Inc.,  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     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 should note the 
NAL/Acct. No. 20013256-002.

     10.  The response, if any, must  be mailed to Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W.,  Washington,  D.C.  20554,   ATTN:  Enforcement  Bureau   - 
Technical and  Public  Safety  Division,  and  must  include  the 
NAL/Acct. No. 20013256-002.

     11.  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; 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.

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operation Group, 445  12th Street, S.W.,  Washington, 
D.C. 20554.8

     13.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Union  Broadcasting Inc., WKIB, 6120  Waldo 
Church Road, Metropolis, Illinois  62960.


                         Robert McKinney
                         District Director
                         Kansas City Office

1  47 C.F.R.  11.35(a)

2 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 commission or omission of 
any act, means that 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 47 C.F.R. 1.80

8 See 47 C.F.R.  1.1914.