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                                 )      File  No.  EB-03-KC-
Cornell College.                 )      
Licensee of Radio Station KRNL-FM       )    NAL/Acct. No. 
Mt. Vernon, Iowa                 )      
                                 )      FRN: 0002-5905-52


                                     Released: June 27, 2003

By the Enforcement Bureau, Kansas City Office:

                      I.  INTRODUCTION

      1.  In   this  Notice   of   Apparent  Liability   for 
 Forfeiture ("NAL"), we find Cornell College, (``Cornell''), 
 licensee of  FM radio  station KRNL-FM,  Mt. Vernon,  Iowa, 
 apparently liable for forfeiture in the  amount of thirteen 
 thousand  dollars  ($13,000)   for  willful   and  repeated 
 violation  of Section  73.1350(b)(2)  of  the  Commission's 
 Rules  (``Rules'')   and  willful   violation  of   Section 
 73.3527(c) of  the Rules.1   Specifically, we  find Cornell 
 College  apparently   liable   for   failing  to   maintain 
 transmitter  control and  failing  to  make  available  the 
 station's public inspection file. 
                         II.  BACKGROUND

      2.  On  March   18,  2003,  an  agent   from  the  FCC 
 Enforcement  Bureau's  Kansas  City   Office  conducted  an 
 inspection of  KRNL-FM.   At the  time  of inspection,  the 
 agent found no one at the studio.  The agent asked a school 
 employee to  contact someone  responsible for  the station.  
 Over one-half hour later, Ms. Dee Ann Rexroat, the school's 
 Director of College  Communications, met  the agent  at the 
 studio.  According  to  Ms. Rexroat,  the station  operates 
 twenty-four hours per  day but  is staffed only  during the 
 evening hours by students who are in  class during the day.  
 The station posts no  person at the transmitter  site.  The 
 only transmitter remote  control function available  was an 
 on/off switch  at  the studio  with  no self-monitoring  or 
 automatic  transmission  system  monitoring   equipment  to 
 control the transmitter.  Ms. Rexroat provided  a copy of a 
 report from the station's contract  engineer dated November 
 13, 2002, in which the engineer advised  the station of the 
 need for transmitter  remote control equipment.   No public 
 inspection file was made available upon  request during the 
 inspection of  the  station which  occurred during  regular 
 business hours.  

      3.  On April 2, 2003, the Kansas City Office issued to 
 Cornell a Letter of Inquiry citing,  inter alia, violations 
 of the transmitter control  and public file rules.   In its 
 reply dated  May 1,  2003, Cornell  stated that  ``[d]uring 
 normal  business  hours,  the  station  runs  unattended.''  
 Addressing  the  transmitter  control   violation,  Cornell 
 stated it was purchasing  a remote control unit  that would 
 monitor  the  transmitter  parameters  and  notify  station 
 personnel of  out-of-tolerance conditions.   Addressing the 
 public file violation,  Cornell stated  it had  assembled a 
 complete public file and located it at the college.
          III.                               DISCUSSION

      4.  Section  73.1350(b)(2)  of  the Rules  requires  a 
 broadcast  station  to   provide  to   transmitter  control 
 personnel the capability to turn the transmitter off at all 
 times  or   provide  an   alternate  method   of  acquiring 
 transmitter control  that  can  deactivate the  transmitter 
 within three minutes.  From  at least November 13,  2002 to 
 March 18, 2003, KRNL-FM maintained no control or monitoring 
 of  the   transmitter  parameters   except  for   a  remote 
 transmitter on/off switch located at  the studio.  Although 
 the station operated  twenty-four hours per  day, personnel 
 were  available to  control  the  transmitter  only  during 
 evening hours.  The station employed  no self-monitoring or 
 automatic transmission system.  Section 73.3527(c) requires 
 every  licensee  or   permittee  of  an   FM  noncommercial 
 educational  broadcast  station  to   make  available  upon 
 request during regular business hours  the station's public 
 file.  At the  inspection during regular business  hours on 
 March 18,  2003, station  employees could  not produce  the 
 public file.

      5.  Based  on the  evidence  before us,  we find  that 
 Cornell  willfully2   and   repeatedly3  violated   Section 
 73.1350(b)(2) of the  Rules and willfully  violated Section 
 73.3527(c) of the Rules by failing  to maintain transmitter 
 control and failing to make available  the station's public 

      6.  Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
 base forfeiture amount for violation of transmitter control 
 and metering requirements  is $3,000, and for  violation of 
 the  public  file  rules  is  $10,000.   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.''5  
 Considering the  entire  record  and applying  the  factors 
 listed above, this case warrants a $13,000 forfeiture.

                      IV.  ORDERING CLAUSES

      7.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
 Section 503(b) of  the Act6  and Sections 0.111,  0.311 and 
 1.80 of the Rules,7  Cornell College is hereby  NOTIFIED of 
 thirteen  thousand  dollars   ($13,000)  for   willful  and 
 repeated violation  of Section  73.1350(b)(2) of  the Rules 
 and willful violation of Section 73.3527(c) of the Rules by 
 failing to  failing  to  maintain transmitter  control  and 
 failing to make available the station's public file.

      8.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
 1.80 of the Rules,  within thirty (30) days  of the release 
 date of this NAL, Cornell College 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.   and  FRN 
 referenced above.  Request  for payment of the  full amount 
 of this NAL  under an installment  plan should be  sent to: 
 Chief, Revenue  and Receivable  Operations Group,  445 12th 
 Street, S.W., Washington, D.C.  20554.8

      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 submitted. 

      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  Cornell College, 810  Commons Circle, 
 Mt. Vernon, IA. 52314

                              Federal         Communications 

                              Robert C. McKinney
                              District Director, Kansas City 
                              Enforcement Bureau

Attachment A

1 47 C.F.R.  73.1350(b)(2) and 73.3527(c).
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 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 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he 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 
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503 (b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311 and 1.80.
8 See 47 C.F.R.  1.1914.