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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-02-KC-757
)
Kaspar Broadcasting Co. of ) NAL/Acct.No. 200332560001
Missouri )
) FRN 0003-7474-82
Licensee of AM Radio Station )
KWRE, in Warrenton, Missouri )
Frankfort, Indiana
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 28, 2002
By the Enforcement Bureau, Kansas City Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Kaspar Broadcasting Co. of Missouri
(``Kaspar''), licensee of AM radio station KWRE, Warrenton,
Missouri, apparently liable for a forfeiture in the amount
of seven thousand dollars ($7,000) for willful violation of
Section 73.49 of the Commission's Rules (``Rules'').1
Specifically, we find Kaspar Broadcasting Co. of Missouri
apparently liable for failing to provide an effective locked
fence enclosing the base of the station's antenna tower.
II. BACKGROUND
2. On September 11, 2002, an agent from the
Commission's Kansas City Field Office inspected station KWRE
located in Warrenton, Missouri. The agent found the
station's antenna tower, which had radio frequency potential
at the base, enclosed inside a wooden fence containing wide
openings allowing easy access to the tower base. In
addition, the gate to the fence was open.
III. DISCUSSION
3. Section 73.49 of the Rules requires that antenna
towers having radio frequency potential at the base be
enclosed within effective locked fences or other enclosures.
On September 11, 2002, KWRE's antenna tower had radio
frequency at the base and was not enclosed by an effective
fence. The fencing around the tower consisted of wide
spaced lumber capable of restricting access by livestock
only. There was no other property fencing. A path was
mowed to the tower allowing easy access to the tower via a
gate which was found unlocked and open.
4. Based on the evidence before us, we find that on
September 11, 2002, Kaspar Broadcasting Co. of Missouri
willfully2 violated Section 73.49 of the Rules by failing to
provide an effective locked fence enclosing the base of the
station's antenna tower.
5. Pursuant to Section 1.80(b)(4) of the Rules,3 the
base forfeiture amount for AM tower fencing violations is
$7,000. 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
Considering the entire record and applying the statutory
factors listed above, this case warrants a $7,000
forfeiture.
IV. ORDERING CLAUSES
6. 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 Kaspar Broadcasting Co. of Missouri is
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE
in the amount of seven thousand dollars ($7,000) for willful
violation of Section 73.49 of the Rules, by failing to
provide an effective locked fence enclosing the base of the
station's antenna tower.
7. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Kaspar Broadcasting Co. of Missouri SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
8. 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. 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
9. 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.
10. 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.
11. 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.
12. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Kaspar Broadcasting Co. of Missouri at
P. O. Box 545, Frankfort, IN., 46041.
FEDERAL COMMUNICATIONS COMMISSION
Robert McKinney
District Director, Kansas City
Office
Enforcement Bureau
Attachment
_________________________
1 47 C.F.R § 73.49.
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.