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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                
                                                                       
     In the Matter of                 )                                
                                                                       
     Albino Ortega and Maria Juarez   )    File Number: EB-08-PO-0079  
                                                                       
     Licensee of AM Station KIGO      )   NAL/Acct. No.: 200832920003  
                                                                       
     St. Anthony, Idaho               )               FRN: 0011338407  
                                                                       
     Facility ID No. 22622            )                                
                                                                       
                                      )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: July 31, 2008

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that on April 1 and April 2, 2008, respectively, Albino Ortega and
       Maria Juarez, licensees of AM radio station KIGO in St. Anthony,
       Idaho, apparently willfully and repeatedly violated Section 73.49 of
       the Commission's Rules ("Rules") by failing to maintain an effective
       locked fence surrounding KIGO's antenna. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Albino Ortega and Maria Juarez are apparently liable for a
       forfeiture in the amount of seven  thousand dollars ($7,000).

   II. BACKGROUND

    2. On September 27, 2006, the Enforcement Bureau's Portland Resident
       Agent Office ("Portland Office") issued a Notice of Apparent Liability
       For Forfeiture ("NAL")  in the amount of $7,000 to Albino Ortega and
       Maria Juarez for apparent willful and repeated violation of Section
       73.49 of the Rules by failing to enclose the KIGO antenna tower within
       an effective locked fence or other enclosures. Ortega and Juarez filed
       a response ("Response") on October 25, 2006, admitting the violation
       of Section 73.49, providing evidence that an effective fence now
       enclosed the antenna structure, and requesting that the forfeiture
       amount be reduced based on their inability to pay. They also provided
       a statement of the corrective action taken by sending photographs of
       the newly built locked fence and the displayed ASR Number at the gate
       of the fence. On May 4, 2007, the Western Region, Enforcement Bureau,
       ("Region") issued a Forfeiture Order assessing a $500 forfeiture
       against Ortega and Juarez for violation of Section 73.49 of the Rules.
       The Region reduced the forfeiture amount proposed by the Portland
       Office based on Ortega and Juarez inability to pay, supported by three
       years of tax returns. Ortega and Juarez later paid the $500
       forfeiture.

    3. On April 1, 2008, an agent from the Portland Office re-inspected
       KIGO's antenna tower site in Rigby, Idaho, and found that the gate of
       the base fence surrounding KIGO antenna tower was open. The agent also
       observed that there was no protective property fence surrounding the
       KIGO antenna site.

    4. On April 2, 2008, the Portland returned to the KIGO antenna site and
       again found that found that the gate of the base fence surrounding
       KIGO antenna tower was open. The agent also observed that there was no
       protective property fence surrounding the KIGO antenna site.

   III. DISCUSSION

    5. 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.

    6. 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. The KIGO AM antenna tower is series fed.
       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." On April 1
       and April 2, 2008, the Portland Office inspected the KIGO antenna
       tower site and found that the gate of the base fence surrounding
       KIGO's antenna tower was open and that there was no protective
       property fence at the site beyond the base fence. Ortega and Juarez
       were aware of the base fence requirements for the KIGO antenna tower,
       given their Response to the Portland Office's earlier NAL. Therefore,
       the violation on April 1 and April 2, 2008, was willful. The violation
       occurred on more than one day, therefore it was repeated. Based on the
       evidence before us, we find that Albino Ortega and Maria Juarez 
       apparently willfully violated Section 73.49 of the Rules by failing to
       maintain an effective locked fence surrounding KIGO's antenna tower.

    7. 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 maintain an effective locked
       fence is seven thousand dollars 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 Albino
       Ortega and Maria Juarez are apparently liable for a $7,000 forfeiture.

   IV. ORDERING CLAUSES

    8. 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, Albino Ortega and Maria
       Juarez are hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of seven thousand dollars ($7,000) for violations of
       Section 73.49 of the Rules.

    9. 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, Albino Ortega and Maria
       Juarez SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   10. 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. Albino Ortega and Maria Juzrez
       will also send electronic notification on the date said payment is
       made to WR-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Portland Resident
       Agent Office, PO Box 61469, Vancouver, Washington, 98666-1469 and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   12. 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.

   13. 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 Albino Ortega and Maria Juarez.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S:73.49.

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

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632920003
   (Enf. Bur., Western Region, Portland Resident Agent Office, released
   September 27, 2006).

   47 C.F.R. S: 73.49.

   Albino Ortega and Maria Juarez, 22 FCC Rcd 8515 (EB 2007) ("Forfeiture
   Order").

   See 47 U.S.C. S: 504(c).

   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.

   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").

   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