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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                                                        
                                        )                               
     In the Matter of                                                   
                                        )                               
     Greeley Broadcasting Corporation                                   
                                        )   File Number: EB-08-DV-0082  
     Licensee of Station KGRE-AM                                        
                                        )   NAL/Acct. No. 200832800005  
     Antenna Structure Registrant                                       
                                        )              FRN: 0005078597  
     Greeley, Colorado                                                  
                                        )                               
     Facility ID # 33821                                                
                                        )                               
                                                                        
                                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: July 29, 2008

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Greeley Broadcasting Corporation ("Greeley Broadcasting"),
       licensee of station KGRE-AM in Greeley, Colorado, apparently willfully
       and repeatedly violated Section 73.49 of the Commission's Rules
       ("Rules") by failing to enclose the KGRE-AM antenna structure, a tower
       with radio frequency potential at the base, with an effective locked
       fence or other enclosure. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Greeley
       Broadcasting is apparently liable for a forfeiture in the amount of
       seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On March 14, 2008, at 3:15 p.m., agents from the Enforcement Bureau's
       Denver Office conducted an inspection of an AM broadcast tower located
       at approximately 40DEG 26' 15" north latitude and 104DEG 43' 27" west
       longitude in Greeley, Colorado. Close observation revealed that the
       lock to the gate for the fenced enclosure was not engaged. The agents
       found the lock stuck in the open position and were unable to close it.
       As a result the agents were able to gain access to the structure, a
       series-fed antenna with an insulated base. The agents observed that
       there were residences within 250 yards of the tower and there was no
       perimeter fencing erected around the property to keep the public from
       approaching the structure. A search of the Commission's database
       on-scene indicated that KGRE-AM, licensed to Greeley Broadcasting, was
       broadcasting from the structure.

    3. Upon completion of the site inspection the Denver agents traveled to
       the KGRE-AM main studio in Greeley, Colorado. When they arrived at the
       studio at approximately 4:20 p.m., an oral warning was issued
       regarding the base fencing violation to the staff member present. The
       staffer then contacted the president of Greeley Broadcasting by phone
       to talk with the agents. The agents conducted a telephone interview
       with the executive, again issuing an oral warning for the non-secured
       base fence. During the interview, the executive acknowledged that the
       condition of the lock was a serious safety issue and he agreed to
       remedy the situation immediately and to contact the agent as soon as
       the repairs were completed.  Later that day, at approximately 6:15
       p.m., the executive notified the Denver agents, by cellular telephone
       call, that the lock on the tower fence had been replaced.

    4. On March 17, 2008, a Denver agent contacted the Greeley Broadcasting
       executive to obtain more information about recent access to the
       transmitter location. The executive admitted that he was unable to
       close the existing lock when he arrived at the transmitter site on
       March 14, 2008, to replace the device. When asked about recent site
       activity, the owner responded that he could not recall the date of his
       last visit to the site, but that he typically went there once a month
       to do work inside the building. On these occasions, he did not enter
       the fenced-in area around the tower base. Upon request, the owner
       provided the agent with the name of the engineers who had conducted
       work for the station on a contract basis.

    5. On March 18, 2008, a Denver agent traveled to the KGRE-AM tower site
       and verified that the lock had been replaced with a functioning
       device.

    6. On March 21, 2008, a Denver agent contacted all three engineers whose
       names had been provided by Greeley Broadcasting. Two of the engineers
       claimed they had not been to the site in three months or longer. The
       third engineer stated that he had been to the site approximately one
       week prior to the Denver agents' inspection on March 14, 2008. As with
       the two other contract engineers, this third engineer could not recall
       the last time he had entered the fenced enclosure.

   III. DISCUSSION

    7. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    8. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. Individual tower fences need not be
       installed if the towers are contained within a protective property
       fence. In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public."

    9. KGRE-AM broadcasts from a series-fed tower with an insulated base and,
       pursuant to Section 73.49, must be enclosed with an effective locked
       fence or other enclosure. The KGRE-AM tower is located adjacent to
       residential development and there is no other perimeter fencing to
       keep the public from approaching the structure. With no perimeter
       fence, the base fence around the individual AM tower must be
       effective. At the time of the March 14, 2008, inspection, the lock to
       the gated, fenced enclosure surrounding the KGRE-AM tower was found
       stuck in the unlocked position and the agents were unable to close it.
       An executive of Greeley Broadcasting admitted to experiencing the same
       difficulty when he inspected the lock later that day. With no working
       lock on the gate, the agents were able to easily access the base of
       the KGRE-AM tower, therefore, the fence surrounding the KGRE-AM tower
       was ineffective. Interviews conducted by the Denver agents revealed
       that no station employee or contractor had been to the KGRE-AM tower
       site for at least a week prior to the Denver agents' inspection, and
       of those that had visited KGRE-AM tower site in the last few months,
       none acknowledged checking the lock or the gate at the site.

   10. Greeley Broadcasting was aware of the requirement to maintain an
       effective locked fence or enclosure surrounding the KGRE-AM tower,
       given the fact it had maintained locks for the KGRE-AM tower fence in
       the past. Therefore, its violation was willful. The violation occurred
       on more than one day, therefore, it was repeated. Based on the
       evidence before us, we find that Greeley Broadcasting apparently
       willfully and repeatedly violated Section 73.49 of the Rules by
       failing to maintain the KGRE antenna structure within an effective
       enclosure.

   11. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to enclose the antenna structure
       within an effective locked fence or other enclosure is $7,000. In
       assessing the monetary forfeiture amount, we must also take into
       account the statutory factors set forth in Section 503(b)(2)(E) of the
       Act, which include the nature, circumstances, extent, and gravity of
       the violations, and with respect to the violator, the degree of
       culpability, and history of prior offenses, ability to pay, and other
       such matters as justice may require. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Greeley Broadcasting is apparently liable for a
       $7,000 forfeiture.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Greeley Broadcasting
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of seven thousand dollars ($7,000) for
       violation of Section 73.49 of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Greeley Broadcasting
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   14. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Greeley Broadcasting
       Corporation  will also send electronic notification on the date said
       payment is made to WR-Response@fcc.gov.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Denver District
       Office, 215 S. Wadsworth Boulevard, Suite 303, Lakewood, CO 80226 and
       must include the NAL/Acct. No. referenced in the caption. An
       electronic copy shall be sent to WR-Response@fcc.gov.

   16. 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.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Greeley Broadcasting Corporation.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 73.49.

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

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[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 day."

   47 C.F.R. S: 73.49.

   47 C.F.R. S: 73.49.

   Review of the Technical and Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P:6 (1986)
   ("Report and Order").

   See Butterfield Broadcasting Corporation, 20 FCC Rcd 20237 (EB 2005).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.49.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission