Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     Alpine Broadcasting Limited                                             
     Partnership                             )        File No. EB-04-ST-117  
                                                                             
     Former Licensee of AM Station KWYS      )   NAL/Acct. No. 200532980001  
                                                                             
     West Yellowstone, Montana               )              FRN: 0005952668  
                                                                             
     Facility ID 24434                       )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                                FORFEITURE ORDER

   Adopted: March 24, 2006 Released:  March  28, 2006

   By the Regional Director, Western Region, Enforcement Bureau:

   I.  INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of seven thousand dollars ($7,000) to Alpine Broadcasting
       Limited Partnership ("Alpine"), former licensee of AM Station KWYS in
       West Yellowstone, Montana, ACS Wireless ("ACS") for willful and
       repeated violation of Section 73.1125(a)  of the Commission's Rules
       ("Rules"), by failing to maintain a meaningful managerial and staff
       presence at the KWYS main studio. On January 14, 2005, the Enforcement
       Bureau's Seattle Office issued a Notice of Apparent Liability for
       Forfeiture ("NAL") in the amount of $7,000 to Alpine. In this Order,
       we consider Alpine's arguments that the NAL is unenforceable against
       Alpine, and that the agent's assessments of the station's main studio
       were not consistent with the facts at the time of the inspection.

   II. BACKGROUND

    2. On May 17, 2004, an agent from the Commission's Seattle Office
       attempted to conduct a routine inspection of the KWYS main studio at
       303 N. Canyon Street, West Yellowstone, Montana, during regular
       business hours. The agent found the main studio locked with no station
       personnel present, only a sign referring persons seeking the public
       file to see a realty agency, located across the hall, for instructions
       on how to gain access. A representative from the realty company told
       the agent that no one associated with KWYS had been present at the
       studio for the last few months and that he had an agreement with the
       station to let people see the public file if requested. The agent
       contacted Alpine's office in Ketchum, Idaho. Alpine's General Partner
       told the agent that KWYS was run remotely from that office and that an
       advertising agent in West Yellowstone went to the studio infrequently
       to work on ads. He also advised the agent that he or KWYS's contract
       engineer could arrive at the station in three to four hours to
       complete the inspection, but no sooner.

    3. On January 14, 2005, the Seattle Office issued the NAL to Alpine,
       finding that Alpine apparently willfully and repeatedly failed to
       maintain a meaningful managerial and staff presence at the KWYS main
       studio. Alpine  filed a response to the NAL on February 14, 2005
       ("Response"). In the Response, Alpine states that the NAL is
       unenforceable against Alpine, and that the agent's assessments of the
       station's main studio were not consistent with the facts at the time
       of the inspection.

   III.  DISCUSSION

    4. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. 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.

    5. Section 73.1125(a) of the Rules requires the licensee of a broadcast
       station to maintain a main studio at one of the following locations:
       (1) within the station's community of license; (2) at any location
       within the principal community contour of any AM, FM or TV broadcast
       station licensed to the station's community of license; or (3) within
       twenty-five miles from the reference coordinates of the center of its
       community of license as described in Section 73.208(a)(1). In
       addition, the station's main studio must serve the needs and interests
       of the residents of the station's community of license. To fulfill
       this function, a station must, among other things, maintain a
       meaningful managerial and staff presence at its main studio. The
       Commission has defined a minimally acceptable "meaningful presence" as
       full-time managerial and full-time staff personnel. In addition, there
       must be "management and staff presence" on a full-time basis during
       normal business hours to be considered "meaningful." Although
       management personnel need not be "chained to their desks" during
       normal business hours, they must "report to work at the main studio on
       a daily basis, spend a substantial amount of time there and ... use
       the studio as a home base."

    6. We first address the argument that the NAL is unenforceable against
       Alpine. Scott D. Parker, who identifies himself on the Response as the
       "Former General Partner of Alpine Broadcasting Limited Partnership"
       states that, as noted in the NAL, KWYS was sold to Chaparral
       Broadcasting on August 13, 2004, that Alpine has completed "'winding
       down' its business affairs . . . [and that] Alpine is nothing more
       than a shell entity without any assets or cash." Parker and Alpine
       provide no documentation to support this statement. In the NAL, the
       Seattle Office instructed Alpine, if it sought cancellation or
       reduction of the forfeiture, to supply:

   (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 petitioner'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.

   Absent sufficient evidence that supports Parker's and Alpine's assertions,
   we have no basis to find that this NAL is unenforceable against Alpine.

    7. Alpine also asserts that the Seattle agent's "overall assessments and
       certain statements are not consistent with the facts." Specifically,
       Alpine argues that Parker never advised the agent that the station was
       run remotely, but that the transmitter could be controlled remotely.
       Further, Alpine states that Parker informed the agent, at the time of
       the inspection, that the station had two employees and an engineer on
       contract who "must be out of the office." Alpine also states that the
       representative of the realty company who held the key to the KWYS main
       studio and unlocked the main studio for the Seattle agent "had a long
       working relationship with the radio station" and that he "had
       previously agreed to serve as alternate chief operator in the event
       station personnel were out." Alpine acknowledges, however, that KWYS
       was not on the air for nearly four months between January 2004 and May
       2004, and that during that period of time it was true, as the realty
       company representative stated to the Seattle agent, that "no one
       associated with KWYS had been present at the studio for the last few
       months."

    8. We acknowledge that there may have been some confusion concerning the
       remote operation of the station, however, this confusion does not
       mitigate the Seattle Office's finding that Alpine failed to staff the
       KWYS main studio to ensure compliance with Section 73.1125(a) of the
       Rules. As stated above, and in the NAL, a station must maintain
       management and staff presence on a full-time basis during normal
       business hours to be considered "meaningful." The staff must "report
       to work at the main studio on a daily basis, spend a substantial
       amount of time there and ... use the studio as a home base." At the
       time of the inspection, during regular business hours, the agent
       remained at the station for over two hours and found no staff
       presence, meaningful or otherwise, at the main studio. While the
       realty company representative holding the key to the studio may have
       been associated with KWYS, Alpine does not assert that he was a member
       of its daily staff. Moreover, Alpine provides no evidence to support
       its assertion that the realty company representative was designated as
       an alternate Chief Operator. Therefore, we find the evidence supports
       the Seattle Office's finding that Alpine violated Section 73.1125(a)
       by failing to maintain a meaningful managerial and staff presence at
       the KWYS main studio. This support is buttressed by Alpine's
       acknowledgement that it failed to maintain a meaningful staff presence
       at the KWYS main studio between January 2004 and May 2004 while KWYS
       was off the air. A review of the Commission's records reveals that
       Alpine received no special temporary authorization to cease
       broadcasting for that period of time, as required by Sections 73.1635
       and 73.1740 of the Rules, and no waiver of the Commission's main
       studio staffing requirements.

    9. We have examined Alpine's response to the NAL pursuant to the
       statutory factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Alpine
       Broadcasting Limited Partnership willfully and repeated violated
       Section 73.1125 of the Rules. Considering the entire record and the
       factors listed above, we find that neither reduction nor cancellation
       of the proposed $7,000 forfeiture is warranted.

   IV. ORDERING CLAUSES

   10.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Alpine Broadcasting
       Limited Partnership IS LIABLE FOR A MONETARY FORFEITURE in the amount
       of $7,000 for willfully and repeatedly violating Section 73.1125(a) of
       the Rules.

   11. 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. 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 Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number 911-
       6106. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Alpine
       Broadcasting Limited Partnership. P.O. Box 2158, Ketchum, ID,
       83340-2158, and Scott D. Parker, 221 Northwood Way, Suite 300,
       Ketchum, ID, 83340.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   On June 21, 2004, the Commission accepted Alpine's application to assign,
   among other licenses, the license of KWYS(AM), to Chaparral Broadcasting,
   Inc. See File No. BALH-20040617AAW. The application was granted on July
   30, 2004. According to Commission records, the transaction was consummated
   on August 13, 2004. At the time of the violation discussed herein, Alpine
   was the licensee of KWYS.

   47 C.F.R. S 73.1125(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532980001
   (Enf. Bur., Western Region, Seattle Office, released January 14, 2005).

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

   47 C.F.R. S 1.80.

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

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

   47 C.F.R. S 73.1125(a).

   See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3217-18
   (1987), clarified 3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991),
   clarified 7 FCC Rcd 6800 (1992).

   Id.

   7 FCC Rcd at 6802.

   NAL at P 11.

   See Webnet Communications, Inc., 18 FCC Rcd 6870, 6878 (2003).

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991),
   clarified 7 FCC Rcd 6800 (1992).

   7 FCC Rcd at 6802.

   See 47 C.F.R. S 73.1870.

   47 C.F.R. S 73.1635 (Special Temporary Authorization); 47 C.F.R. S 73.1740
   (Minimum Operating Schedule).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1125(a).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-664

   1

   2

   Federal Communications Commission DA 06-664