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

In the Matter of                        )         
                              )         File No.: EB-01-DV-435
Mount Rushmore Broadcasting, Inc.                    )                         
NAL/Acct. No. 200232800005
                              )         FRN 0005-0081-23
Licensee, Station KZMX (FM)                     )
Hot Springs, South Dakota                         )         
Facility ID #46712                 )

                        FORFEITURE ORDER

Adopted: October 24, 2002               Released:   October   29, 

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture in  the amount  of three  thousand 
          dollars ($3,000) to Mount Rushmore Broadcasting,  Inc., 
          (``Mount Rushmore'') licensee of Station KZMX(FM),  Hot 
          Springs,  South   Dakota,  for  willful  violation   of 
          Sections 73.1350 and 73.1400 of the Commission's  Rules 
          (``the Rules'').1   The noted violations involve  Mount 
          Rushmore's failure  to establish monitoring  procedures 
          and schedules  to determine  compliance with  operating 
          power  and  modulation  levels,  and  Mount  Rushmore's 
          failure  to  have   positive  on/off  control  of   the 

     2.   On  May  31,  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 $3,000.  Mount Rushmore has not filed a response 
to the NAL.  Based  on the information before  us, we affirm  the 

     3.   ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Communications  Act of  1934, as  amended,  (``the 
Act''),3  and  Sections  0.111,  0.311  and  1.80(f)(4)  of   the 
Commission's Rules,4  Mount Rushmore  IS  LIABLE FOR  A  MONETARY 
FORFEITURE in  the  amount  of  $3,000  for  willfully  violating 
Sections 73.1350 and 73.1400 of the Rules.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules5 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.6  
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. 200232800005, and  FRN 0005-0081-23.  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. 20554.7

     5.        IT IS  FURTHER ORDERED  THAT this  Order shall  be 
sent by  regular  mail  and by  certified  mail,  return  receipt 
requested, to Jan Gray,  President, Mount Rushmore  Broadcasting, 
Inc., 218 N. Wolcott St., Caspar, Wyoming 82601.


                         David H. Solomon
                         Chief, Enforcement Bureau


     1 47 C.F.R.  73.1350 and 73.1400.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232800005 (Enf. Bur., Denver Office, released May 31, 2002).

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

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

     5 47 C.F.R.  1.80.

     6 47 U.S.C.  504(a).

     7 See 47 C.F.R.  1.1914.