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

In the Matter of                  )       File Number EB-03-KC-022
Lebanon Educational               )      NAL/Acct.No. 200332560022
Broadcasting Foundation           )
Licensee of Radio Station KTTK    )               FRN 0002-5292-38
in                                )
Lebanon, Missouri


                                    Released: April 18, 2003

By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''),   we   find  Lebanon   Educational   Broadcasting 
Foundation  (``Lebanon''), licensee  of radio  station KTTK, 
Lebanon, Missouri, apparently liable for a forfeiture in the 
amount  of  four  thousand   dollars  ($4,000)  for  willful 
violation of Section 73.3527(c)(1) of the Commission's Rules 
(``Rules'').1   Specifically,  we  find  Lebanon  apparently 
liable for failure  to make available all  required items in 
the station's public inspection file.

                       II.  BACKGROUND

     2.  On January 30, 2003, an agent from the FCC's Kansas 
City  Field  Office inspected  FM  station  KTTK located  in 
Lebanon,  Missouri.   The  station's  public  file  did  not 
contain  a  contour   map,  a  copy  of   ``The  Public  and 
Broadcasting''  manual, and  current issues/programs  lists.  
None of these items were  made available upon request during 
regular business hours.

                      III.  DISCUSSION

     3.  Section 73.3527(a)(2)2 of  the Rules requires every 
non-commercial educational  broadcast licensee  or permittee 
to  maintain a  public  inspection  file containing  certain 
material.  Section  73.3527(c)(1) of the Rules  requires the 
public inspection file be available for public inspection at 
any  time during  regular  business hours.   On January  30, 
2003, Lebanon  failed to make available  upon request KTTK's 
complete  public  inspection  file during  regular  business 
hours.  Section 73.3527(e)(3) of  the Rules3 requires a copy 
of any service contour  maps, submitted with any application 
tendered for  filing with the  FCC, together with  any other 
information in the application  showing service contours and 
to  be retained  in  the public  file for  as  long as  they 
reflect current, accurate information regarding the station.  
No  contour map  was available  at the  time of  inspection.  
Section 73.3527(e)(7) of the Rules4   requires a copy of The 
Public  and Broadcasting  be available  in the  public file.  
The  manual was  not available  at the  time of  inspection.  
Section  73.3527(e)(8) of  the  Rules5  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  given 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.  
The issues/programs list  for the last two  quarters of 2001 
and all four quarters of the year 2002 were not available in 
the pubic file at the time of inspection.

     4.  Based  on the evidence  before us, we find  that on 
January  30,  2003,   Lebanon  willfully6  violated  Section 
73.3527(c)(1)  of the  Rules  by failing  to make  available 
during regular business hours the complete public inspection 
file for station KTTK.

     5.  Pursuant  to Section  1.80(b)(4) of the  Rules, the 
base  forfeiture  amount is  $10,000  for  violation of  the 
public   file   rules.7    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.''8    Because  KTTK's   public  file 
contained  a  portion  of  the required  items,  a  downward 
adjustment of the base  forfeiture amount for this violation 
from $10,000 to $4,000  is warranted. Considering the entire 
record and applying the statutory factors listed above, this 
case warrants a $4,000 forfeiture.

                    IV.  ORDERING CLAUSES

     6.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,9  and Sections 0.111,  0.311 and 
1.80  of  the   Rules,10  Lebanon  Educational  Broadcasting 
Foundation is hereby NOTIFIED  of its APPARENT LIABILITY FOR 
A FORFEITURE in the amount of four thousand dollars ($4,000) 
for willful violation of Section 73.3527(c)(1) of the Rules, 
by failing  to make available during  regular business hours 
the complete public inspection file.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Lebanon  Educational Broadcasting Foundation 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 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. 11

     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. referenced 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 

     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 NOTICE OF 
APPARENT LIABILITY  shall be  sent by regular  and Certified 
Mail  Return   Receipt  Requested  to   Lebanon  Educational 
Broadcasting  Foundation at  P. O.  1232, Lebanon,  Missouri 

                              FEDERAL         COMMUNICATIONS 

                              Robert C. McKinney
                              District Director, Kansas City 
                              Enforcement Bureau


1 47 C.F.R  73.3527(c)(1).
2 47 C.F.R.  73.3527(a)(2).
3 47 C.F.R.  73.3527(e)(3).
4 47 C.F.R.  73.3527(e)(7).
5 47 C.F.R.  73.3527(e)(8).
6 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 
7 47 C.F.R.  1.80(b)(4).
8 47 U.S.C.  503 (b)(2)(D).
9 47 U.S.C.  503(b).
10 47 C.F.R.  0.111, 0.311, 1.80.
11 See 47 C.F.R.  1.1914.