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


In the Matter of                  )
                                 )
                                 )
Leighton Enterprises, Inc.        )   File No.  EB-04-IH-0492
                                 )   NAL/Acct. No. 200532080128
Licensee of Station KBOT(FM),     )   FRN  0002589216
Pelican Rapids, Minnesota         )   Facility ID No. 51059
                                 )
                                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  March 17, 2005                Released:  March 17, 
2005

By the Chief, Investigations and Hearings Division:

I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we find that Leighton Enterprises, Inc. 
(``Leighton''), licensee of Station KBOT(FM), Pelican 
Rapids, Minnesota, has apparently violated section 73.1201 
of the Commission's rules1 by willfully and repeatedly 
broadcasting station identification announcements that did 
not contain the required call sign followed by the station's 
community of license.  Based on our review of the facts and 
circumstances in this case, we conclude that Leighton is 
apparently liable for a forfeiture in the amount of $5,000.

II.  BACKGROUND

     2.  On September 1, 2004, the Enforcement Bureau 
received a complaint alleging that Station KBOT(FM) had 
violated section 73.1201 of the Commission's rules.  
Specifically, the complainant alleges that since September 
2003, Station KBOT(FM) changed its station identification 
announcements by substituting a promotional message for the 
station's call letters and community of license.  The 
complainant states that she notified Leighton of its failure 
to comply with section 73.1201, but that the station did not 
revise its announcements.  

     3.  In response to an Enforcement Bureau letter of 
inquiry,2 Leighton states that, due to an inadvertent 
programming error, since September 22, 2004, there have been 
many instances in which Station KBOT(FM) broadcast station 
identification announcements that did not contain the call 
letters and its community of license.3  Leighton concedes 
that, with the exception of a three-hour window of live 
programming each day, all of its station identification 
announcements were deficient from September 22 until 
December 7, 2004, when Leighton corrected its station 
identification announcement to include the required call 
letters and the community of license.  Leighton states that 
since that date, Station KBOT(FM) has broadcast station 
identification announcements that comply with section 
73.1201 at all times.  Leighton does not acknowledge any 
station identification problems prior to September 2004.  
Leighton provided a compact disc recording of the corrected 
announcement.

III.  DISCUSSION
    
         4.  Section 73.1201 of the Commission's rules 
provides that the ``[o]fficial station identification shall 
consist of the station's call letters immediately followed 
by the community or communities specified in its license as 
the station's location'' and shall be broadcast at the 
beginning and ending of each time of operation, and hourly 
as close to the hour as feasible.4  Leighton acknowledges 
that it broadcast deficient station identification 
announcements 21 times per day over a 10-week period.  
Therefore, we find that Leighton apparently violated section 
73.1201 of the Commission's rules by willfully and 
repeatedly broadcasting station identification announcements 
that did not include the station's call letters immediately 
followed by the station's community of license.  
    
     5.  Section 503(b) of the Communications Act of 1934, 
as amended (the ``Act'')5 and section 1.80(a) of the 
Commission's rules6 provide that any person who willfully or 
repeatedly fails to comply with the provisions of the Act or 
the Commission's rules shall be liable for a forfeiture 
penalty.7  Based upon the evidence before us, we find that 
Leighton willfully and repeatedly broadcast station 
identification announcements in apparent violation of 
section 73.1201 of the Commission's rules. Section 1.80 of 
the Commission's rules sets a base forfeiture amount of 
$1,000 for the failure to broadcast a compliant station 
identification announcement.  In assessing a monetary 
forfeiture, we take into account the statutory factors set 
forth in Section 503(b)(2)(D) of the Act.8  Those factors 
include 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.9  We note 
that, by Leighton's admission, the violations occurred 21 
times per day over a 10-week period and did not terminate 
until December 7, 2004, after Leighton received the 
Enforcement Bureau's Letter of Inquiry.  Taking into account 
this fact, and the fact that the station management had been 
notified of its deficient announcements well before it 
ceased the violations, we find that under the Commission's 
case law, the violation justifies an upward adjustment of 
$4,000, for a total proposed forfeiture of $5,000.10

     6.  We note Leighton's corrective actions to revise its 
station identification announcements in order to comply with 
section 73.1201.  As the Commission has held previously, 
however, a licensee's post-investigation remedial efforts 
are irrelevant to our consideration of the appropriate 
penalty in a forfeiture proceeding.11  

IV.  ORDERING CLAUSES

     7.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended, and sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,12 Leighton Enterprises, Inc. is hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount of $5,000 for willfully and repeatedly broadcasting 
station identification announcements in violation of section 
73.1201 of the Commission's rules. 

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Commission's rules,13 within thirty days of this 
NOTICE OF APPARENT LIABILITY, Leighton Enterprises, Inc., 
SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

             9.  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, Illinois 60661.   
Payment by wire transfer may be made to ABA Number 
071000013, receiving bank Bank One, and account number 
1165259.

     10.  The response, if any, must be mailed to William H. 
Davenport, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, 445 
12th Street, S.W., Room 4-C330, Washington, D.C. 20554 and 
MUST INCLUDE THE NAL/Acct. No. referenced above.  

     11.  The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the respondent submits: (1) federal tax 
returns for the most recent three-year period; (2) financial 
statements prepared according to generally accepted 
accounting practices (``GAAP''); or (3) some other reliable 
and objective documentation that accurately reflects the 
respondent's current financial status.  Any claim of 
inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation 
submitted.  

     12.  Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.14  
     
     13.    IT IS FURTHER ORDERED that the complaint filed 
on September 1, 2004, IS GRANTED to the extent set forth 
herein and IS OTHERWISE DENIED.15

     14.  IT IS FURTHER ORDERED that this Notice of Apparent 
Liability for Forfeiture shall be sent, by Certified Mail, 
Return Receipt Requested, and U.S. First Class mail, to John 
Wells King, Esq., Garvey Schubert Barer, 5th Floor, Flour 
Mill Building, 1000 Potomac Street, N.W., Washington, D.C. 
20007 and by U.S. First Class mail to Leighton Enterprises, 
Inc., P.O. Box 1458, St. Cloud, Minnesota 56302.
                    
     
                         FEDERAL COMMUNICATIONS COMMISSION
                    

     
                         William H. Davenport
                         Chief, Investigations  and Hearings 
Division

_________________________

1 47 C.F.R.  73.1201.

2   Letter  from   William  D.   Freedman,  Deputy   Chief, 
Investigations and  Hearings Division,  Enforcement Bureau, 
to Leighton Enterprises, Inc., dated November 22, 2004.

3  Letter   from  John   J.  Sowada,   President,  Leighton 
Enterprises, Inc.,  to William  D. Freedman,  Deputy Chief, 
Investigations and  Hearings Division,  Enforcement Bureau, 
dated December 14, 2004.

4 47 C.F.R.  73.1201.

5 47 U.S.C.  503(b).

6 47 U.S.C.  1.80(a).

7 47 U.S.C. 503(b)(1)(B);  47 C.F.R. 1.80(a)(1).  Section 
312(f)(1) of the Act defines willful as ``the conscious and 
deliberate   commission   or   omission   of   [any]   act, 
irrespective of any intent to violate'' the law.  47 U.S.C. 
312(f)(1).  The  legislative history to  section 312(f)(1) 
of  the  Act  clarifies  that this  definition  of  willful 
applies to  both sections 312  and 503(b) of the  Act, H.R. 
Rep. No.  97-765, 97th  Cong. 2d Sess.  51 (1982),  and the 
Commission  has  so interpreted  the  term  in the  section 
503(b)  context.   See,  e.g., Application  for  Review  of 
Southern  California Broadcasting  Co., Memorandum  Opinion 
and  Order,   6  FCC  Rd  4387,   4388  (1991)  (``Southern 
California  Broadcasting Co.'').   The Commission  may also 
assess  a   forfeiture  for  violations  that   are  merely 
repeated, and not willful.  See, e.g., Callais Cablevision, 
Inc., Grand  Isle, Louisiana, Notice of  Apparent Liability 
for Monetary Forfeiture, 16 FCC  Rcd 1359 (2001) (issuing a 
Notice  of  Apparent Liability  for,  inter  alia, a  cable 
television    operator's    repeated    signal    leakage).  
``Repeated''  merely means  that the  act was  committed or 
omitted  more  than  once,  or lasts  more  than  one  day.  
Southern California Broadcasting Co., 6  FCC Rcd at 4388,  
5; Callais Cablevision, Inc., 16 FCC Rcd at 1362,  9.    

8 47 U.S.C.  503(b)(2)(D).

9  47 U.S.C.    503(b)(2)(D).  See  also The  Commission's 
Forfeiture Policy  Statement and Amendment of  Section 1.80 
of the  Rules to Incorporate the  Forfeiture Guidelines, 12 
FCC  Rcd   17087,  17100-01  (1997)   (``Forfeiture  Policy 
Statement''), recon. denied, 15 FCC Rcd. 303 (1999). 

10 See Bay Broad. Corp.,  15 FCC Rcd 9387 (2000) (proposing 
$1,500  forfeiture  for  failure  to  broadcast  sufficient 
station   identification  announcements   for  two   days.) 
(forfeiture paid).

11  See, e.g.,  AT&T  Wireless  Services, Inc.,  Memorandum 
Opinion and  Order, 17  FCC Rcd  21866, 21871  (2002); Mid-
Missouri Broadcasting, Inc., 19 FCC Rcd 22900 (2004). 

12 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80.

13  47 C.F.R.  1.80.

14 See 47 C.F.R.  1.1914.

15 For  purposes of the forfeiture  proceeding initiated by 
this  NAL, Leighton  Enterprises,  Inc. shall  be the  only 
party.