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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of                       )                                

                                            )                                

     Spirit of Alaska Broadcasting, Inc.    )    File Number: EB-08-AN-0111  

                                            )                                

     Permittee of AM Broadcast Station      )   NAL/Acct. No.: 200932780001  
     KMBQ                                                                    

     Wasilla, Alaska                        )               FRN: 0004973970  

     Facility ID 161023                     )                                

                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: April 30, 2009

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Spirit of Alaska Broadcasting, Inc. ("Spirit"), permittee of
       station KMBQ(AM), in Wasilla, Alaska, apparently willfully and
       repeatedly violated Section 73.49 of the Commission's Rules ("Rules")
       by failing to enclose the KMBQ antenna tower within an effective
       locked fence or other enclosure. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Spirit is apparently liable for forfeiture in the amount of seven 
       thousand dollars ($7,000).

   II. BACKGROUND

    2. On February 5, 2009, in response to a complaint, at approximately
       10:00 a.m. AST, agents from the Enforcement Bureau's Anchorage
       Resident Agent Office ("Anchorage Office"), accompanied by the
       President of Spirit, conducted an inspection of the KMBQ(AM)
       transmitter and antenna site, located at 6362 East Chinook Avenue,
       Wasilla, Alaska. The President of Spirit stated that KMBQ(AM) began
       broadcasting on December 12, 2008. The agents observed that general
       access to the site as well as the antenna site, at the time of the
       inspection, appeared to be under construction. Access was through a
       partially cleared stand of trees, off of East Chinook Avenue, which
       required navigating the Commission vehicle around tree stumps and
       large boulders.

    3. The inspection of the antenna tower installation revealed that Spirit
       had installed a Valcom V-3305/AM CL2 antenna, as indicated in Spirit's
       original construction permit for KMBQ(AM). The agents observed that
       the transmitter was connected via a buried coaxial cable to the
       antenna's impedance matching unit (at the base of the tower) and that
       a bare copper wire was in evidence from the impedance matching unit
       connected to a terminal near the base of the antenna. As the Valcom
       antenna is a base fed antenna, Spirit installed a plastic "snow fence"
       enclosing the base of the antenna. The snow fence was approximately
       thirty-six inches tall and approximately six feet from the base of the
       antenna, supported with wooden stakes, some partially driven into the
       ground, concrete blocks and rope. Spirit's President acknowledged that
       the fence did not impede access to the antenna tower by humans or
       animals and indicated that access issues delaying construction of the
       site overall, the onset of winter weather conditions, and the frozen
       ground, prevented completion of the site and the fence. The agents
       observed that there were several residences within 300 to 500 yards of
       the antenna tower, and there was no perimeter fence impeding access to
       the KMBQ(AM) antenna site.

    4. On April 22, 2009, an Anchorage agent again inspected the KMBQ(AM)
       transmitter and antenna site. At this time, the agent observed that
       the antenna tower was surrounded by a substantial six foot high chain
       link metal fence which fully enclosed the antenna structure.

   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. 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." At the time
       of the inspection on February 5, 2009, the Anchorage agents observed
       that there was no effective locked fence or other barrier surrounding
       the base of the KMBQ(AM)  antenna structure. The agents noted that
       there was no perimeter fence surrounding the KMBQ(AM) antenna site and
       that there were residences approximately 300 to 500 yards from the
       KMBQ(AM) antenna site.

    7. The KMBQ(AM) antenna tower has frequency potentially at its base and,
       pursuant to Section 73.49, the KMBQ(AM) tower must be enclosed within
       an effective locked fence or other enclosure. At the time of the
       inspection, the KMBQ(AM) antenna tower was not effectively enclosed.
       Further the president of KMBQ(AM)'s permittee acknowledged that the
       fence as constructed did not effectively impede access to the base of
       the antenna tower.  Spirit was aware that the fence around the
       KMBQ(AM) antenna tower was ineffective, therefore, the violation was
       willful. It occurred on more than one day, therefore, it was repeated.
       Based on the evidence before us, we find that Spirit apparently
       willfully and repeatedly violated Section 73.49 of the Rules by
       failing to enclose the KMBQ(AM) antenna tower within an effective
       locked fence or other enclosure.

    8. 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 AM base
       fence 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.
       Although Spirit subsequently improved the fence surrounding the
       KMBQ(AM) tower after the Anchorage Office inspection, we note that the
       Commission has stated in the past that a licensee is expected to
       correct errors when they are brought to the licensee's attention and
       that such correction is not grounds for a downward adjustment in the
       forfeiture. Accordingly, applying the Forfeiture Policy Statement,
       Section 1.80, and the statutory factors to the instant case, we
       conclude that Spirit is apparently liable for a $7,000 forfeiture.

   IV. ORDERING CLAUSES

    9. 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, Spirit of Alaska
       Broadcasting, Inc., is 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.

   10. 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, Spirit of Alaska
       Broadcasting, Inc, SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   11. 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. Spirit of Alaska Broadcasting,
       Inc, will also send electronic notification on the date said payment
       is made to WR-Response@fcc.gov.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Anchorage Resident
       Agent Office, P.O. Box 221849, Anchorage, AK 99522-1849 and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   13. 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.

   14. 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 Spirit of Alaska Broadcasting, Inc.,
       at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   David J. Charlton

   Resident Agent

   Anchorage Resident Agent Office

   Western Region

   Enforcement Bureau

   KMBQ(AM)'s original construction permit was granted on December 15, 2005,
   and expired December 15, 2008, see File No. BNP-20050118ALF.

   47 C.F.R. S: 73.49.

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

   KMBQ(AM) currently has a license to cover pending with the Commission, see
   File No. BL-20081216BLM, accepted for filing December 22, 2008.

   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 an 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).

   AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871-76 (2002).

   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

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   Federal Communications Commission