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

In the Matter of                   )      File Number EB-02-KC-782
Petracom of Joplin, L.L.C.         )    NAL/Acct. No. 200332560006
Licensee of Radio Station KCAR-FM  )
in Galena, Kansas                  )              FRN 0005-0098-40
Lutz, Florida                      )


                                 Released: December 12, 2002

By the Enforcement Bureau, Kansas City Office:

                          I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find Petracom  of Joplin,  L.L.C. 
(``Petracom''),  licensee  of   FM  radio  station  KCAR-FM, 
Galena, Kansas,  apparently liable  for a forfeiture  in the 
amount of  three thousand five hundred  dollars ($3,500) for 
willful and repeated violation of Sections 11.61(a)(2)(i)(A) 
and  73.3526(a)(2) of  the Commission's  Rules (``Rules'').1  
Specifically, we find Petracom apparently liable for failing 
to  conduct  weekly  tests  of the  Emergency  Alert  System 
(``EAS''), and failing to  maintain all required material in 
the station's public inspection file.

                          II.  BACKGROUND

     2.   On November 7, 2002,  an agent of the Commission's 
Kansas City Office inspected the EAS installation and public 
file  for radio  station KCAR-FM,  Galena, Kansas.   The EAS 
equipment was set to  automatically receive, re-transmit and 
log EAS tests.  The most recent log entry of an EAS test was 
dated July 22, 2002.  The  station's manager stated that the 
station had  conducted no  EAS tests.  The  station's public 
file  had no  issues/programs list.   The station's  manager 
stated that the station had no issues/programs list.

                      III.  DISCUSSION

     3.   Section  11.61(a)(2)(i)(A)of  the  Rules  requires 
that effective January 1, 1997, AM, FM, and TV stations must 
conduct tests of the EAS header  and End of Message codes at 
least once a  week at random days and  times.  The station's 
logs and statements by  the station's management showed that 
the station failed to conduct  the required weekly EAS tests 
from at least July 22, 2002 to November 7, 2002.

     4.   Section 73.3526(a)(2) of the Rules requires AM, FM 
and  TV  licensees  and  permittees  to  maintain  a  public 
inspection  file.    Among  the  required  material   to  be 
maintained  in the  public  file, AM  and  FM licensees  and 
permittees  must  maintain  a  list of  programs  that  have 
provided  the   station's  most  significant   treatment  of 
community issues  during the  preceding three  month period.  
The lists  shall be retained  in the public  inspection file 
until  final action  has been  taken on  the station's  next 
renewal  application.2  On  November  7, 2002,  a review  of 
station  KCAR-FM's   public  inspection  file   revealed  no 
issues/programs  lists.  The  station  manager stated  there 
were no  issues/programs lists  even though the  station had 
been owned by Petracom for at least two years.
     5.   Based  on the  evidence  before us,  we find  that 
Petracom  willfully3   and  repeatedly4   violated  Sections 
11.61(a)(2)(i)(A) and 73.3526(a)(2) of  the Rules by failing 
to  conduct weekly  EAS tests  and failing  to maintain  all 
required material in the station's public inspection file.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,5 the 
base forfeiture  amount for  public file rule  violations is 
$10,000.   The  Rules do  not  establish  a base  forfeiture 
amount for  violating the  Commission's rules  requiring EAS 
tests.    Therefore,  we   must  determine   an  appropriate 
forfeiture amount for this violation.6  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(b)(4) of 
the  Rules sets  the base  forfeiture amount  at $2,000  for 
failure to  make required  measurements or  conduct required 
monitoring.  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 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.''7   In  this   case,  we  consider  that  the 
issues/programs  list was  the  only item  missing from  the 
public  inspection  file,  but  that  item  had  never  been 
maintained   by  Petracom   at  the   time  of   inspection.  
Therefore, we  assess the  forfeiture amount for  the public 
file violation at $1,500.  Considering the entire record and 
applying  the factors  listed  above, this  case warrants  a 
$3,500 forfeiture.

                       IV.  ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80  of the  Rules,9 Petracom  is hereby  NOTIFIED of  this 
thousand  five  hundred  dollars ($3,500)  for  willful  and 
repeated   violation  of   Sections  11.61(a)(2)(i)(A)   and 
73.3526(a)(2) of the  Rules by failing to  conduct EAS tests 
and maintain an issues/programs list in the public file.

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

     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. 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. 20554.10

     10.  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.  

     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 (``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 

     12.  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.

     13.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested to Petracom  of Joplin, L.L.C., 1527 North 
Dale Mabry Highway, Lutz, FL.  33549.   


                         Robert C. McKinney
                         District Director
                         Kansas City Office
                         Enforcement Bureau


1 47 C.F.R.  11.61(a)(2)(i)(A) and 73.3526(a)(2).

2 47 C.F.R.  73.3526(e)(12).

3 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 (1991).

4 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.  312(f)(2).

5 47 C.F.R.  1.80(b)(4).

6 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.  

7 47 U.S.C.  503 (b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.