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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                 
     In the Matter of                                                
                                   )                                 
     Sandhill Media Group, LLC              File Nos.: EB-06-PO-095  
                                   )                                 
     Licensee of AM Station KSPZ                       EB-06-PO-096  
                                   )                                 
     (Formerly KUPI)                    NAL/Acct. No.: 200632920004  
                                   )                                 
     Ammon, Idaho                                   FRN: 0009807074  
                                   )                                 
     Facility ID No. 55238                                           
                                   ))                                


                                FORFEITURE ORDER

   Adopted: May  22, 2007 Released:  May 24, 2007

   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 four thousand, two hundred dollars ($4,200) to Sandhill
       Media Group, LLC ("Sandhill"), licensee of radio station KSPZ
       (formerly KUPI) in Ammon, Idaho, for repeatedly violating Section
       73.49 of the Commission's Rules ("Rules"). On September 27, 2006, the
       Enforcement Bureau's Portland Resident Agent Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $7,000 to
       Sandhill for failing to enclose the KSPZ antenna towers within
       effective locked fences or other enclosures. In this Order, we
       consider Sandhill's arguments that the violation was not willful or
       repeated, and that the forfeiture amount should be reduced based on
       Sandhill's good faith efforts to repair the fences surrounding the
       KSPZ antenna towers, and based on Sandhill's history of compliance
       with the Commission's Rules.

   II. BACKGROUND

    2. On August 3, 2006, an agent from the Portland Resident Agent Office
       inspected antenna towers used by Sandhill to broadcast AM station
       KSPZ. KSPZ is a directional AM station, which uses three antenna
       towers to broadcast its signal: antenna structure #1042078, antenna
       structure #1042029, and antenna structure #1042030. According to its
       license, the KSPZ antenna towers are series fed and, therefore,
       required to be fenced. Upon inspection of the antenna towers, the
       agent found that there were no effective locked fences or other
       barriers surrounding the base of antenna structure #1042078, or the
       base of antenna structure #1042029. At antenna structure #1042078,
       such large sections of the fence were missing that the tower was
       easily accessible on two sides. At antenna structure #1042029, fencing
       existed on only one side of the tower, making the tower easily
       accessible on three sides. The agent observed that large sections of
       the existing fences surrounding the two towers were missing, while
       others were lying on the ground. The agent also noted that there was a
       perimeter fence made up of four strands of barbed wire surrounding the
       entire KSPZ antenna site, but that the main gate of that fence was
       unlocked and wide open. The KSPZ antenna site is adjacent to an auto
       wrecking yard and an industrial manufacturer of concrete sewer pipes
       and blocks. Later that day, the Portland agent contacted the KSPZ
       chief engineer about the condition of the fencing surrounding two of
       the three KSPZ towers.

    3. On September 8, 2006, the Portland agent contacted the KSPZ chief
       engineer to inquire about the condition of the fencing surrounding the
       two KSPZ towers. On September 18, 2006, the KSPZ chief engineer
       responded via email to the Portland agent that all repairs to the
       fences were made on August 10, 2006. The chief engineer attached
       photographs of the fences to the email, to show the repairs that were
       made, and to show that a lock had been installed at the main gate of
       the perimeter fence.

    4. On September 27, 2006, the Portland Office issued a NAL in the amount
       of $7,000 to Sandhill, finding that Sandhill apparently repeatedly
       violated Section 73.49 of the Rules by failing to enclose the KSPZ
       antenna towers within an effective locked fence or other enclosures.
       Sandhill filed a response ("Response") on October 27, 2006, arguing
       that the violation was neither willful nor repeated, and requesting a
       reduction of the proposed forfeiture based on its good faith efforts
       to repair the fences surrounding the KSPZ antenna towers, and its
       history of compliance with the Commission's Rules.

   III.  DISCUSSION

    5. 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  ("Forfeiture
       Policy Statement"). In examining Sandhill'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.

    6. Section 73.49 of the Rules states that antenna towers having radio
       frequency potential at the base (series fed, folded unipole, and
       insulated base antennas) must be enclosed within effective locked
       fences or other enclosures. Individual tower fences need not be
       installed if the towers are contained within a protective property
       fence. In adopting the Report and Order promulgating the most recent
       amendment of Section 73.49, the Commission stated that "a fencing
       requirement is necessary to protect the general public." At the time
       of the inspection on August 3, 2006, a perimeter fence existed around
       the KSPZ towers, but the gate to the perimeter fence was unlocked and
       open, therefore, the perimeter fence did not qualify as a protective
       property fence. Because the perimeter fence was not effective, the
       base fences around the individual AM towers must be effective.

    7. The KSPZ antenna towers are series fed and, pursuant to Section 73.49,
       each of the three KSPZ towers must be enclosed within an effective
       locked fence or other enclosure. Only one of the three towers,
       however, was properly enclosed. The other two towers, antenna
       structure #1042078 and antenna structure #1042029, each had sections
       of their fences missing, making both towers easily accessible to the
       general public.

    8. In its Response, Sandhill does not dispute that the two towers lacked
       individual effective fences at the time of the Portland agent's
       inspection. Sandhill states that it had been in the process of
       replacing the individual fences around both of the two subject antenna
       towers in April and May of 2006 and that a carpenter was scheduled to
       complete the reinstallation of the fences for the two antenna towers
       beginning August 7, 2006. At that time, Sandhill believed that the
       antenna towers were secured by a perimeter fence with locked gates.
       Sandhill states that sometime after the KSPZ chief engineer's last
       visit to the antenna tower in "mid to late July" and before the
       Portland agent's inspection, thieves removed the chain and padlock
       from a gate attached to the perimeter fence and "used the transmitter
       site to enter an adjacent car wrecking lot in order to steal car
       parts." Sandhill states that after the KSPZ chief engineer was
       informed of the violation by the Portland agent on August 3, 2006, the
       KSPZ chief engineer immediately purchased a new chain and padlock to
       secure the perimeter fence. Citing Vernon Broadcasting, in which the
       Commission cancelled a $1,000 forfeiture against a licensee for
       willfully violating the predecessor rule to Section 73.49, concerning
       adequate fencing around an antenna tower, because the fence had been
       vandalized by a third party, Sandhill argues that in the present case,
       because the failure to secure the perimeter fence was caused by a
       third party, we cannot find that Sandhill willfully failed to enclose
       the KSPZ antenna towers within effective locked fences or within a
       protective property fence. We note that in the NAL, the Portland
       Office found that Sandhill apparently repeatedly violated Section
       73.49 of the Rules.  The Portland Office did not find that Sandhill
       apparently willfully violated Section 73.49 of the Rules. Therefore,
       we find no merit to this argument.

    9. Sandhill also argues that the violation "cannot be deemed `repeated'
       simply because it affected two towers at the site." Sandhill appears
       to argue that a violation may only be deemed repeated if it occurs for
       more than one day. We disagree. According to Section 312(f)(2) of the
       Act "'repeated,' when used with reference to the commission or
       omission of any act, means the commission or omission of such act more
       than once or, if such commission or omission is continuous, for more
       than one day." As detailed by the Portland Office, and as acknowledged
       by Sandhill, the perimeter fence was not an effective or protective
       property fence when it was inspected by the Portland agent on August
       3, 2006. The Portland agent then inspected the individual fences
       around the two subject antenna towers and, as Sandhill acknowledges,
       neither of these two structures were enclosed in an effective fence.
       Because the perimeter fence failed, each individual fence had to be
       effective. Neither were, resulting in Sandhill's failure to
       effectively enclose each of the two antenna towers, i.e., violating
       Section 73.49 more than once. Consequently, we find that Sandhill's
       violation of Section 73.49 was repeated.

   10. Sandhill also requests that the forfeiture amount be reduced based on
       its good faith efforts to repair the individual fences surrounding the
       two antenna towers. We agree and reduce the forfeiture from $7,000 to
       $5,600. Sandhill also requests that a reduction be given for its
       history of compliance with the Commission's Rules. We have reviewed
       our records and we concur. Consequently, we reduce Sandhill's
       forfeiture amount from $5,600 to $4,200.

   11. Based on the information before us, having examined it according to
       the statutory factors above, and in conjunction with the Forfeiture
       Policy Statement, we find that reduction of the proposed forfeiture to
       $4,200 is warranted.

   IV. ORDERING CLAUSES

   12.  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, Sandhill Media Group,
       LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,200 for
       repeatedly violating Section 73.49 of the Rules.

   13. 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.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Sandhill
       Media Group, LLC, at its address of record, and its counsel of record,
       David D. Oxenford, Esquire and Brendan Holland, Esquire.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   According to Commission records, the station's call sign was changed to
   KSPZ on March 19, 2007.

   47 C.F.R. S 73.49.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632920004
   (Enf. Bur., Western Region, Portland Resident Agent Office, released
   September 27, 2006).

   The base fence around antenna structure #1042030 was effective.

   47 C.F.R. S 73.49.

   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)(E).

   47 C.F.R. S 73.49.

   47 C.F.R. S 73.49.

   Review of the Technical an Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P6 (1986)
   ("Report and Order").

   See Metropolitan Radio Group, 19 FCC Rcd 11846 (EB 2004).

   See Butterfield Broadcasting Corporation, 20 FCC Rcd 20237 (EB 2005).

   We note that when the chief engineer was asked by the Portland agent on
   September 8, 2006, about the status of the fences, the chief engineer
   replied, on September 18, 2006, that "[a]ll repairs were made the Thursday
   after you called me, I believe that was 8-10-06. All fences are now fully
   restored and have locks on their gates." In any event, a licensee is
   expected to correct errors when they are brought to the licensee's
   attention and that such correction is not grounds for a downward
   adjustment in the forfeiture. See, e.g., AT&T Wireless Services, Inc. 17
   FCC Rcd 21866, 21871-76 (2002).

   60 Rad. Reg. 2d (Pike and Fischer) 1275 (1986).

   47 U.S.C. S 312(f)(2).

   See American General Media Corporation, DA 99-1932, 1999 WL 740434, rel.
   September 22, 1999.

   Additionally, according to Sandhill's Response, had the Portland agent not
   informed the KSPZ chief engineer about the violation of Section 73.49 on
   August 3, 2006, no station personnel would have discovered the violation
   until at least August 7, 2006.

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.49.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2137

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   Federal Communications Commission DA 07-2137