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

In the Matter of                   )
KYOO COMMUNICATIONS           )         EB-00-KC-193 (AM)
Station KYOO(AM)                   )         EB-00-KC-194 (FM)
Station KYOO-FM                    )         
Bolivar, Missouri 65613                 )         NAL/Acct.   No. 

                         FORFEITURE ORDER

     Adopted:   April 27, 2001                          Released:   

May 1, 2001

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 

monetary forfeiture  in the  amount  of twelve  thousand  dollars 

($12,000) against  KYOO  Communications  (``KYOO'')  for  willful 

violations  of  Sections   11.35(b),  17.50,  73.1350(c)(1)   and 

73.1800(a) of  the Commission's  Rules (``Rules'').1   The  noted 

violations involve  KYOO's  failure to  maintain  an  operational 

Emergency Alert System (``EAS'') combined with its failure to log 

the outage of the EAS equipment, failure to clean and repaint its 

antenna tower as often as necessary to maintain good  visibility, 

failure to monitor  and control its  transmitter, and failure  to 

maintain station logs.

     2.  On  January  31,  2001, the  Commission's  Kansas  City, 

Missouri, Field Office (``Kansas  City Office'') issued a  Notice 

of Apparent Liability (``NAL'') for a monetary forfeiture in  the 

amount of  twenty-two thousand  dollars ($22,000)  for the  noted 

violations.2  KYOO filed its response on February 28, 2001.

                         II.  BACKGROUND

     3.  KYOO is the licensee of Stations KYOO(AM) and KYOO-FM, 
licensed to serve Bolivar and Halfway, Missouri, respectively.  
KYOO owns those stations' common antenna tower.  On December 5, 
2000, agents from the Kansas City Office conducted an inspection 
of Stations KYOO(AM) and KYOO-FM and their antenna tower.  The 
NAL is based on the following conditions observed by the agents 
at the time of the inspection:

(a)  The EAS coding/decoding equipment was inoperable.  There 
were no entries in the station logs indicating when the EAS 
equipment became inoperable.

     (b)  The antenna structure did not provide good visibility 
     to aircraft because of rust and the extremely faded 
     condition of the paint.

     (c)  KYOO had not established monitoring procedures and 
     schedules sufficient to determine compliance with the 
     requirements of Section 73.1560 of the Rules3 regarding 
     operating power.

     (d)  KYOO was not maintaining its station logs as required 
     by Section 73.1820 of the Rules.4

     4.  In its response  to the NAL, KYOO  does not contest  the 

violations alleged  in  the  NAL  but  seeks  mitigation  of  the 

proposed $22,000 forfeiture on the basis of its inability to  pay 

that  amount.   Specifically,  KYOO  argues  that  the   proposed 

forfeiture should be mitigated to $8,000 or less on the basis  of 

the gross  revenues shown  in its  1997, 1998,  and 1999  federal 

income tax  returns  and  further mitigated  on  the  basis  that 

imposition  of  the  proposed   forfeiture  would  result  in   a 

devastating financial burden for KYOO's owner and his family.

                        III.  DISCUSSION

     5.  We have examined KYOO's response to the NAL pursuant  to 

the statutory  factors, and  in conjunction  with the  Forfeiture 

Policy Statement.5  As a result  of our review, we conclude  that 

KYOO has provided a  sufficient justification for mitigating  the 

proposed  forfeiture   amount   to  $12,000   but   not   $8,000.  

Specifically, although other factors can be considered, the  best 

indication of a company's ability  to pay a forfeiture amount  is 

its  gross  revenues.   See  generally,  PJB  Communications   of 

Virginia, Inc., 7 FCC Rcd 2088  (1992).  To support its claim  of 

inability to pay, KYOO has  submitted federal income tax  returns 

for 1997 through 1999.  In  light of the evidence submitted,  for 

which KYOO  requested  confidential treatment,  we  lower  KYOO's 

proposed monetary forfeiture from $22,000 to $12,000. 6  
                      IV.  ORDERING CLAUSES

     6.  ACCORDINGLY,  IT IS  ORDERED that,  pursuant to  Section 

503(b) of the Act,  Sections 0.111, 0.311  and 1.80(f)(4) of  the 


in the amount of  $12,000 for the  willful violation of  Sections 

11.35(b), 17.50, 73.1350(c)(1) and 73.1800(a) of the Rules.

7.  Payment of the forfeiture shall be made in the manner 
provided for in Section 1.80 of the Rules within thirty (30) days 
of the release of this Order.  If the forfeiture is not paid 
within the specified period, the case may be referred to the 
Department of Justice for collection pursuant to Section 504(a) 
of the Act.8  Payment may be made by mailing a check or similar 
instrument, payable to the order of the Federal Communications 
Commission, to the Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 915OR0003.  Requests for full payment under an 
installment plan should be sent to:  Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., Washington, 
D.C. 20554.

     8.  IT IS FURTHER ORDERED that copies of this Order shall be 

sent  by  certified  mail,  return  receipt  requested,  to  KYOO 

Communications, 2306 W. Auburn,  Bolivar, Missouri 65613, and  to 

its attorneys James P.  Riley, Esq., and  Liliana E. Ward,  Esq., 

Fletcher, Heald & Hildreth, P.L.C., 1300 N. 17th Street, Eleventh 

Floor, Arlington, VA 22209.
                              FEDERAL COMMUNICATIONS COMMISSION  

                              David H. Solomon
                              Chief, Enforcement Bureau

     1 47 C.F.R.  11.35(b), 17.50, 73.1350(c)(1) and 

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
20013256-001 (Enf. Bur., Released January 31, 2001). 

     3 47 C.F.R.  73.1560
     4 47 C.F.R.  73.1820

     5 See The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 
FCC Rcd 303 (1999) and Section 503(b)(2)(D) of the Communications 
Act of 1934, as amended (``Act''), 47 U.S.C.  503(b)(2)(D).

     6 See  Coleman Enterprises, Inc., 15 FCC Rcd 24385 (2000); 
and Natchez Communications, Inc., 15 FCC Rcd 4628 (Enf. Bur. 
2000),  recon. den., 15 FCC Rcd 18798 (Enf. Bur. 2000).

     7 47 C.F.R.  0.111, 0.311 and 1.80(f)(4).

     8 47 U.S.C.  504(a).