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

In the Matter of                  )
Lebanon              Educational  )   File No. EB-03-KC-022
Broadcasting Foundation,          )   NAL/Acct. No. 200332560022
Licensee     of    Noncommercial  )   FRN 0002-5292-38
Station KTTK(FM)
Lebanon, Missouri

                      FORFEITURE ORDER 

Adopted:  October 27, 2004              Released:    October 
29, 2004

By the Assistant Chief, Enforcement Bureau:  


     1.   In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of four thousand dollars 
($4,000) to Lebanon Educational Broadcasting Foundation 
(``Lebanon''), licensee of noncommercial Station KTTK(FM), 
Lebanon, Missouri, for its willful violation of the public 
file requirements of Section 73.3527(c)(1) of the 
Commission's Rules (``Rules'').1


     2.   On January 30, 2003, an agent from the 
Commission's Kansas City, Missouri Field Office (``Field 
Office'') inspected Station KTTK's facilities, and observed 
that certain documents (the station's contour map and 
issues/programs list, and copy of the ``Public and 
Broadcasting'' manual) were missing from the station's 
public files and thus not made available during the 
station's regular business hours.  As a result of the 
inspection, on April 18, 2003, the Field Office released a 
Notice of Apparent Liability for Forfeiture (``NAL'').2  The 
NAL proposed a $4,000 forfeiture against Lebanon for its 
apparent willful violation of Section 73.3527(c)(1) of the 
Rules, downwardly adjusting the $10,000 base forfeiture 
amount in recognition of the fact that the ``public file 
contained a portion of the required items.''3 

     3.   Lebanon responded to the NAL on May 9, 2003.  In 
its response, Lebanon sought cancellation of the proposed 
forfeiture.  Lebanon admitted that the contour map and 
manual were not shown to the FCC agent.  Lebanon claimed 
that such material was in the public file, but not shown to 
the agent, because the station's assistant manager had to 
leave prior to completion of the inspection and the station 
employee who was present throughout the inspection was 
unfamiliar with the public file contents. Lebanon further 
admitted that the issues/program lists were not shown to the 
FCC agent.  Lebanon acknowledged that lists for the last two 
quarters of 2001 and all four quarters of 2002 was missing 
from the station's public file, but claimed that the 
employee tasked with that responsibility has been 
disciplined and that the file has since been updated to 
include the lists.  Finally, in support, Lebanon submitted 
copies of its contour map, manual and updated issues/program 


     4.   The forfeiture amount proposed 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.6  In assessing 
forfeitures, Section 503(b)(2)(D) of the Act requires that 
we 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 such other matters as justice may 
require.7  As discussed below, we have considered Lebanon's 
response to the NAL in light of these statutory factors and 
have found that further reduction of the proposed forfeiture 
amount is not warranted.  

     5.   As a noncommercial broadcast licensee, Lebanon's 
public file must contain its contour map and public 
broadcasting manual,8 and such material must be made 
available for public inspection during its regular business 
hours.9  Lebanon claimed that the material was in its public 
file, but admitted that such material was not shown to the 
FCC agent and thus was not made available for public 
inspection.  Because Lebanon admitted that the material was 
not made available for inspection during the station's 
regular business hours, we conclude that no cancellation or 
reduction of the proposed forfeiture is warranted in this 

     6.   Lebanon is also required to include within its 
public file ``every three months a list of programs that 
have provided the station's most significant treatment of 
community issues,''10 and make such lists available during 
its regular business hours.11  As the licensee of the 
station, Lebanon is responsible for compliance with the 
Commission's requirements, and is not absolved from 
liability for the lapses of an employee that was tasked with 
the responsibility of updating the station's issues/programs 
lists.12  Moreover, as the licensee of the station, Lebanon 
is ``expected'' to correct violations by updating its 
missing issues/programs lists, but its corrective actions 
implemented after Commission inspection and/or action do not 
mitigate its past violations.13   Because the lists were not 
made available for inspection during the station's regular 
business hours, we conclude that no cancellation or 
reduction of the proposed forfeiture is warranted in this 

     7.   In sum, Section 1.80(b)(4) of the Rules14 sets a 
base forfeiture amount of $10,000 for public file 
violations.  As previously stated, the NAL took into account 
that Lebanon's public file was only partially incomplete, 
and downwardly adjusted the base forfeiture amount to 
$4,000.  In the instant case, we do not believe a further 
reduction of the proposed forfeiture is warranted. 


     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,15 Lebanon Educational Broadcasting 
of four thousand dollars ($4,000.00) for willful violation 
of Section 73.3527(c)(1) 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.16  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/Acct. No. and FRN No. referenced above.  
Payment by check or money order may be mailed to Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  
Payment by overnight mail may be sent to Bank One/LB 73482, 
525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.  
Payment by wire transfer may be made to ABA Number 
071000013, receiving bank Bank One, and account number 
1165259.  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. 

     10.  IT IS FURTHER ORDERED that a copy of this Order 
shall be sent by First Class and Certified Mail Return 
Receipt Requested to Pamela Rhoades, Assistant General 
Manager, Lebanon Educational Broadcasting Foundation, P.O. 
Box 1232, Lebanon, Missouri 65536.  

                              FEDERAL         COMMUNICATIONS 

                              George R. Dillon
                              Assistant  Chief,  Enforcement 


147   C.F.R.     73.3527(c)(1)  (requiring   noncommercial 
broadcast  stations  to  maintain,  and   make  for  public 
inspection  during regular  business hours,  complete files 
relating to the station).  

2Lebanon Educational Broadcasting Foundation, NAL/Acct. No. 
200332560022 (Enf. Bur., Kansas City Office, April 18, 

3Id. at  5. 

447 U.S.C.  503(b).

547 C.F.R.  1.80.

612 FCC  Rcd 17087  (1997), recon. denied,  15 FCC  Rcd 303 
(1999) (``Forfeiture Policy Statement'').  

747 U.S.C.  503(b)(2)(D).

8See 47 C.F.R.  73.3527(e)(3) and (7).

9See 47 C.F.R.  73.3527(c)(1).

10See 47 C.F.R.  73.3527(e)(8). 

11See 47 C.F.R.  73.3527(c)(1).

12See Eure  Family Limited  Partnership, 17 FCC  Rcd 21861, 
21863-64    6-7  (2002) (denying  the  antenna  structure 
owner's  claim  that  the forfeiture  should  be  cancelled 
because   the  failure   to   comply   with  the   lighting 
requirements   resulted    from   the   failure    of   its 
lessee/contractor  to  monitor  the lights,  or  notify  it 
regarding light  outages, and  finding the violation  to be 
willful) ;  Sonderling Broadcasting  Corp., 69 FCC  2d 289, 
290-291  6  (1977); Wagenwood Broadcasting Co.,  25 FCC 2d 
361, 361-62  2 (1972);  Charter Communications VI, LLC, 17 
FCC Rcd  16516, 16518-19   8-9 (Enf. Bur.  2002) (denying 
cable  operator's  claim  that  the  forfeiture  should  be 
reduced because  the violations were due  to its employees' 
lapses and misunderstandings, and  finding the violation to 
be  willful);  American Paging,  Inc.,  12  FCC Rcd  10417, 
10419-20  11 (WTB 1997). 

13See AT&T Wireless Services, Inc., 17 FCC Rcd 7891 (2002), 
forfeiture  ordered, 17  FCC Rcd  21866, 21875-76   26-28 
(2002); Seawest  Yacht Brokers,  9 FCC Rcd  6099, 6099   7 
(1994); see also  TCI Cablevision of Maryland,  Inc., 7 FCC 
Rcd  6013,  6014    8  (1992) (noting  that  it  would  be 
inappropriate  to base  ``mitigation of  cancellation of  a 
forfeiture  upon  corrective  action  taken  subsequent  to 
misconduct  upon which  liability  is  based,'' because  it 
``would tend to encourage remedial rather than preventative 

1447 C.F.R.  1.80(b)(4).

1547 C.F.R.  0.111, 0.311, 1.80(f)(4).

1647 U.S.C.  504(a).

17See 47 C.F.R.  1.1914.