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

In the Matter of                )
                                )       
Simmons-SLC, LS, LLC            )       File No. EB-02-DV-076
Licensee of FM Station KJQN     )       NAL/Acct.             No. 
200332800009
Brigham City, Utah             )        FRN 0004-9693-74
                                )
Licensee of FM Translator Station K264AC     )         
Utah County, Utah              ) 

                        FORFEITURE ORDER

Adopted:  July 1, 2004                                  Released:  
July 2, 2004         

By the Chief, Enforcement Bureau:


I.  INTRODUCTION


     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of three  thousand two hundred 
($3,200) to Simmons-SLC, LS, LLC, (``Simmons''), licensee of FM 
station KJQN in Brigham City, Utah, and translator station 
K264AC, in rural Utah County, Utah, for willful and repeated 
violation of Section 74.1232(d) of the Commission's Rules 
("Rules").1  The noted violation involved Simmons using station 
K264AC to extend the 1 mV/m contour of FM station KJQN beyond its 
authorized contour.

     2.   On January 6, 2003, the Commission's Denver, Colorado 
Field Office (``Denver Office") issued a Notice of Apparent 
Liability for Forfeiture ("NAL") to Simmons in the amount of four 
thousand dollars ($4,000). 2  Simmons filed a response to the NAL 
on February 3, 2003. 


II. BACKGROUND


     3.   Station K264AC is licensed to Simmons and, at the time 
of the issuance of the NAL, was authorized to provide fill-in 
service for then Simmons owned FM station KSFI in Salt Lake City, 
Utah.3  Station K264AC is authorized to provide service to rural 
Utah County and to transmit from West Mountain, approximately 40 
miles south of downtown Salt Lake City.  On April 10, 2002, the 
Denver Office received a complaint that FM translator station 
K264AC was transmitting FM station KJQN's signal beyond the 1 
mV/m contour into areas approximately 50 miles south of downtown 
Salt Lake City.  Simmons also owns station KJQN which is licensed 
to Brigham City, Utah, and transmits from Cow Mountain 
approximately 70 miles north of downtown Salt Lake City.  KJQN's 
1 mV/m contour lies entirely north of downtown Salt Lake City and 
station K264AC's 1 mV/m contour lies entirely south of downtown 
Salt Lake City.  The authorized 1 mV/m contours of K264AC and 
KJQN do not overlap.    

     4.   On April 10, 2002, the Denver Office agent contacted 
Simmons' Director of Engineering.  The engineer admitted that 
K264AC was transmitting the signal of station KJQN rather than 
KSFI, that station K264AC's coverage contour is outside of KJQN's 
1 mV/m contour, and that station K264AC had been operating with 
that configuration for approximately 30 days.  On October 21, 
2002, the Denver Office issued a Notice of Violation ("NOV") to 
Simmons for violation of Section's 74.1232(d) and 74.1251(c) of 
the Rules.  On October 31, 2002, the Denver Office received a 
response from Simmons stating that station K264AC ceased 
transmitting the signal of station KJQN on April 11, 2002. 
   
     5.   On January 6, 2003, the Denver Office issued the NAL 
for violation of Section 74.1232(d) of the Rules.  On February 3, 
2003, Simmons submitted a response to the NAL.  In that response, 
Simmons does not challenge the findings of the NAL that it 
willfully and repeatedly violated Section 74.1232(d) of the 
Rules.  Rather, Simmons seeks a reduction in the amount of the 
proposed forfeiture based the fact that it has a history pf 
compliance with the Commission's rules.  The response is 
accompanied by a copy of its October 31, 2002 response to the 
NOV.


III. DISCUSSION


     6.   The proposed forfeiture amount in this case was 
assessed in accordance with Section 503(b) of the Communications 
Act of 1934, as amended (``Act''),4 Section 1.80 of the Rules,5 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines (``Forfeiture Policy Statement'').6  In examining 
Simmons' 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.7

     7.   A broadcast station licensee is responsible for 
maintaining and operating the station in accordance with the 
terms of the station license.  Section 74.1232(d) of the Rules 
sets forth generally that an authorization for a FM translator 
whose coverage contour extends beyond the protected contour of 
the commercial primary station will not be granted to the 
licensee or permittee of a commercial FM radio broadcast station.  
Translator station K264AC was authorized to transmit the signal 
of its primary station KSFI.  By using station K264AC to transmit 
station KJQN, Simmons failed to comply with the terms of  station 
K264AC's license and improperly extended the 1 mV/m contour of 
station KJQN.  In its response, Simmons does not challenge the 
findings of the NAL, that it willfully and repeatedly violated 
Section 74.1232(d) of the Rules.

     8.   Simmons seeks a reduction in the amount of the proposed 
forfeiture, arguing that it has a history of compliance with the 
Commission's rules.  We have reviewed Simmons' records and we 
concur.  Based on the findings of the NAL and Simmons' response, 
we find that Simmons' violation of Section 74.1232(d) was willful 
8 and repeated.9  Considering the entire record and the factors 
listed above, we find that reduction of the proposed forfeiture 
is warranted because of Simmons' compliance record with the 
Commission's Rules.  Accordingly, the forfeiture amount is 
reduced from four thousand dollars ($4,000) to three thousand two 
hundred dollars ($3,200).


IV. ORDERING CLAUSES


     9.   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,10 Simmons-SLC, LS, LLC IS LIABLE FOR A MONETARY FORFEITURE 
in the amount of three thousand two hundred dollars ($3,200) for 
willfully and repeatedly violating Section 74.1232(d)of the 
Rules. 

     10.  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.11  
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. 200332800009, and FRN: 0004-9693-74.  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. 20554.12     
     11.  IT IS FURTHER ORDERED that, a copy of this Order shall 
be sent by Certified Mail Return Receipt Requested and by First 
Class Mail to Bret Leifson, Controller, Simmons-SLC, LS, LLC, 515 
South 700 East, Suite 1C, Salt Lake City, Utah, 84102.




                              FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                              David H. Solomon
                                                                 
Chief, Enforcement Bureau
           



_________________________

147  C.F.R. § 74.1232(d).

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332800009 (Enf. Bur., Denver Office, released January 6, 
2003).

3On November 24, 2003, the license of KSFI(FM) was assigned from 
Simmons to Bonneville Holding Company, File No. BALH-20021122ABY. 

447 U.S.C. § 503(b).

547 C.F.R. § 1.80.

612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

747 U.S.C. § 503(b)(2)(D).

8 Section 312(f)(1) of the Act, 47 U.S.C. § 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,' 
... 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).   

9As provided by 47 U.S.C. § 312(f)(2), a continuous violation is 
``repeated'' if it continues for more than one day.   The 
Conference Report for Section 312(f)(2) indicates that Congress 
intended to apply this definition to Section 503 of the Act as 
well as Section 312.  See H.R. Rep. 97th Cong. 2d Sess. 51 
(1982).  See Southern California Broadcasting Company, 6 FCC Rcd 
4387, 4388 (1991) and Western Wireless Corporation, 18 FCC Rcd 
10319 at fn. 56 (2003).

1047 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

1147 U.S.C. § 504(a).

12See 47 C.F.R. § 1.1914.