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

In the Matter of                )
Alpine Broadcasting, Ltd.       )       File No.: EB-00-DV-409
Licensee, Station KKIT(FM)      )       
Angel Fire, New Mexico         )     
                and             )            and
Alpine Broadcasting Ltd. Partnership )       File No.:  EB-00-DV-
Licensee, Station KXMT(FM)      )       NAL/Acct.             No. 
Taos, New Mexico                )       FRN 0005-9526-68

                        FORFEITURE ORDER

     Adopted:  September 23, 2002            Released:  September 
26, 2002          

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount  of  twelve  thousand  eight 
hundred dollars ($12,800), to Alpine Broadcasting, Ltd., licensee 
of  Station  KKIT(FM),  Angel   Fire,  New  Mexico,  and   Alpine 
Broadcasting Ltd.  Partnership,  licensee  of  Station  KXMT(FM), 
Taos,  New   Mexico,  collectively   (``Alpine''),  for   willful 
violation  of  Section   11.35(a)  of   the  Commission's   Rules 
("Rules").1  The  noted violations  involve Alpine's  failure  to 
have operational  Emergency  Alert System  ("EAS")  equipment  at 
Stations KKIT(FM) and KXMT(FM).

     2.   On  May  16,  2002,   the  District  Director  of   the 
Commission's Denver,  Colorado  Field  Office  ("Denver  Office") 
issued a Notice of Apparent Liability for Forfeiture ("NAL")2  in 
the amount of sixteen thousand dollars ($16,000).  Alpine filed a 
response on May 31, 2002.

                         II.  BACKGROUND

     3.   On August 9, 2001, a  Commission agent from the  Denver 
          Office conducted  inspections of  Stations KKIT(FM)  in 
          Angel Fire,  New  Mexico  and  KXMT(FM)  in  Taos,  New 
          Mexico.  During the inspections,  the agent found  that 
          neither  KKIT(FM)  nor  KXMT(FM)  had  operational  EAS 
          equipment installed.   There  were no  entries  in  the 
          station log indicating that the EAS equipment had  ever 
          been operational or had been  taken out of service  for 

     4.   In its response, filed on May 31, 2002, Alpine does not 
          dispute the violations.  Nevertheless, Alpine  requests 
          cancellation or substantial reduction of the forfeiture 
          for other reasons.  Alpine asserts its inability to pay 
          the forfeiture and that  it has a  history of no  prior 
          offenses.  Alpine  also  requests that  the  Commission 
          consider that from March through August of 2001, Alpine 
          was in the process of relocating the studio  facilities 
          of  both  KKIT   and  KXMT,  and   that  although   the 
          inspections occurred  approximately five  months  after 
          the relocation project  began, the final  installations 
          were  continuing  through  the  end  of  August   2001.  
          Finally, Alpine  requests  the Commission  to  consider 
          that it took immediate corrective action once it became 
          aware that  the  contract  engineer in  charge  of  the 
          relocation project  failed to  timely install  the  EAS 

                           III. DISCUSSION
          5.   The  forfeiture  amount  in  this  case  is  being 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),3 Section 1.80 of the  Rules,4 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines.5  In examining Alpine's  response, Section 503(b)  of 
the Act  requires  that  the Commission  take  into  account  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.6

     6.   The EAS  provides the  President  and state  and  local 
governments  with  the  capability   to  provide  immediate   and 
emergency communications and information to the general  public.7  
Section 11.35 of the Rules  provides that broadcast stations  are 
responsible for  ensuring that  EAS  Encoders, EAS  Decoders  and 
Attention Signal generating and receiving equipment used as  part 
of the EAS are installed so that the monitoring and  transmitting 
functions are available during the times the stations and systems 
are in  operation.   On August  9,  2001, the  EAS  equipment  at 
KKIT(FM) and KXMT(FM) was not installed and connected so as to be 
operational.  Thus, Alpine was  in violation of Section  11.35(a) 
of the Rules.   

     7.   In support of its request for cancellation or reduction 
of the  forfeiture,  Alpine  contends  that  assessing  the  full 
forfeiture amount would  impose a serious  financial burden.   In 
support of this contention, Alpine submitted copies of its  1998, 
1999, and 2000 federal income tax returns; its audited  financial 
statements for 1999,  2000, 2001,  and 2002;  and other  business 
information.  Although other factors can be considered, the  best 
indication of a company's ability  to pay a forfeiture amount  is 
its  gross  receipts.8   After   reviewing  the  financial   data 
submitted, we believe the proposed  forfeiture of $16,000 is  not 
excessive in light of Alpine's gross revenues.  Further, although 
Alpine states that for the  five months prior to the  inspection, 
it was in  the process  of relocating the  KKIT(FM) and  KXMT(FM) 
studios and that the final installations were continuing  through 
the end of August 2001, this does not excuse Alpine's  violations 
of the EAS rules.  Alpine could  have sought a waiver of the  EAS 
rules if the relocation meant the  EAS equipment was going to  be 
temporarily out of service for more  than sixty days, but it  did 
not.   Finally,  while  Alpine  claims  that  it  took  immediate 
corrective action once it became aware that its contract engineer 
had failed to timely reinstall  the EAS equipment, licensees  are 
responsible for  the  acts and  omissions  of its  employees  and 
contractors.9  Moreover, remedial  actions taken  to correct  the 
violations, while  commendable,  are  not  mitigating  factors.10  
However, after considering Alpine's overall history of compliance 
with the Commission's rules, we  conclude that it is  appropriate 
to reduce the forfeiture amount from $16,000 to $12,800.    

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Rules,11 Alpine Broadcasting  Ltd. and  Alpine Broadcasting  Ltd. 
Partnership are LIABLE FOR A MONETARY FORFEITURE in the amount of 
twelve thousand  eight hundred  dollars ($12,800)  for  violating 
Section 11.35(a) of the Rules. 

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.12  
Payment shall 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  NAL/Acct. 
No. 200232800002, and FRN 005-9526-68.  Requests for full payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables  Group,  445  12th  Street,  S.W.,  Washington,  D.C. 

     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by Certified  Mail Return  Receipt Requested  to  Alpine 
Broadcasting Ltd.  And Alpine  Broadcasting Ltd.  Partnership  at 
P.O. Box 2158, Ketchum, Idaho 83340 and to their counsel  Richard 
A. Helmick, Esq. at Cohn and Marks LLP, 1920 N Street, NW,  Suite 
300, Washington, DC  20036.


                         David H. Solomon
Chief, Enforcement Bureau


  1    47 C.F.R.  11.35(a).

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200232800002 (Enf. Bur., Denver Office, released May 16, 2002).

  3   47 U.S.C.  503(b).

  4   47 C.F.R.  1.80.

  5   12 FCC  Rcd 17087  (1997), recon.  denied, 15  FCC Rcd  303 

  6   47 U.S.C.  503(b)(2)(D).

  7   47 C.F.R.  11.1. 

  8    See PJB Communications of Virginia, Inc., 7 FCC Rcd  2088, 
2089 (1992). 

9      See Netcom Technologies, Inc., 16 FCC Rcd 9524, 9526 (Enf. 
Bur. 2001);  Wagenvoord Broadcasting Co., 35 FCC 2d 361 (1972).

10     See, e.g., Puerto  Rico Tower Co., Inc.,  16 FCC Rcd  271, 
273 (Enf. Bur. 2001).

  11   47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  12   47 U.S.C.  504(a).

  13   See 47 C.F.R.  1.1914.