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


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                                        
     KITZ Radio Inc.             File No. EB-06-ST-119       
     Licensee of KGTK (AM)       NAL/Acct. No. 200632980005  
     Olympia, WA                 FRN: 0003791456             
     Facility ID No. 47567                                   

                                FORFEITURE ORDER

   Adopted: June  15, 2007 Released:  June  19, 2007

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of two thousand, four hundred dollars ($2,400) to KITZ
       Radio, Inc. ("KITZ Radio"), licensee of station KGTK(AM) in Olympia,
       Washington, for willfully and repeatedly violating Section 73.3526 of
       the Commission's Rules ("Rules"). On September 1, 2006, the
       Enforcement Bureau's Seattle Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $4,000 to KITZ Radio
       for failing to maintain a complete public inspection file for
       KGTK(AM). In this Order, we consider KITZ Radio's arguments that the
       facts as described in the NAL are incorrect; that it did not have a
       current license to operate the station to show to the Seattle agent,
       and that the amount of the forfeiture should be reduced consistent
       with similar cases and because of its history of compliance with the
       Commission's Rules, as well as its good faith efforts to comply with
       the Rules.


    2. In the NAL, the Seattle Office stated that on May 24, 2006, an agent
       of the Enforcement Bureau's Seattle Office conducted an inspection of
       the public inspection file for KGTK(AM) at Mile Hill Dr., Suite 201A,
       Port Orchard, Washington. While examining the public inspection file,
       the agent observed that the KGTK(AM) public inspection file was not
       complete. Specifically, there were no copies of the current FCC
       authorization to operate the station and no radio issues/programs
       lists for calendar years 2005 or 2006. During the inspection the
       Seattle agent interviewed the station's general manager concerning the
       missing items. The general manager indicated that he did not know why
       these items were missing.

    3. Because the license period for radio stations in the State of
       Washington ended on February 1, 2006, KITZ Radio was required to file
       a renewal application for KGTK(AM) with the Commission no later than
       October 1, 2005, as required by Section 73.3539(a) of the Rules. A
       search of Commission's records by the Seattle agent revealed KITZ
       Radio did file a timely renewal application,  however, as of the date
       of the NAL, the renewal application remained pending.

    4. On August 23, 2006, the Seattle Office issued a NAL in the amount of
       $4,000 to KITZ Radio, finding that KITZ Radio apparently willfully and
       repeatedly failed to maintain a complete public inspection file for
       KGTK(AM). KITZ Radio filed a response ("Response") on September 8,
       2006, arguing that the facts as described in the NAL are incorrect;
       that it did not have a current license to operate the station to show
       to the Seattle agent; and that the amount of the forfeiture should be
       reduced consistent with similar cases, and because of KITZ Radio's
       history of compliance with the Commission's Rules, as well as its good
       faith efforts to comply with the Rules.


    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 KITZ Radio'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

    6. Section 73.3526(a)(2) of the Rules requires that every licensee of an
       AM station licensee shall maintain a public inspection file containing
       the material, relating to that station, described in paragraphs (e)(1)
       through (e)(10) and paragraphs (e)(12) through (e)(14) of this section
       as well as paragraph (e)(16) of this section. Further, as required by
       Section 73.3526(b), the location of the public file shall be
       maintained at the station's main studio location.

    7. Section 73.3526(e)(1) of the Rules requires licensees to place in
       their public inspection file a copy of the current FCC authorization
       to operate the station. These materials shall be retained until
       replaced by a new authorization. During the examination of the file on
       May 24, 2006, no copy of the KGTK(AM) station authorization was found.

    8. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each calendar
       quarter, a list of programs that have provided the station's most
       significant treatment of community issues during the preceding three
       month period. This list is known as the radio issues/programs list.
       Copies of the lists must be maintained in the file until final action
       has been taken on the station's next renewal application. During the
       examination of the file on May 24, 2006, KGTK(AM)'s public inspection
       file contained no radio issues/programs lists for calendar year 2005
       or 2006.

    9. KITZ Radio first argues that the facts detailed in the NAL are
       incorrect because the Seattle agent first inspected the KGTK(AM)
       public inspection file on May 19, 2006. On that day, KITZ Radio
       acknowledges that the administrative assistant who was present at the
       main studio was unable to locate the most recent set of the
       issues/programs lists and arranged for the Seattle agent to return to
       complete his inspection. KITZ Radio argues that when the agent
       returned on May 24, 2006, the KGTK(AM) general manager showed the
       agent the all the "required complete issues/programs lists." KITZ
       Radio concludes that the station's only "lapse was the temporary
       absence of the lists for the most recent five quarters during the
       agent's first visit to the stations, a lapse which was promptly

   10. We acknowledge that the Seattle agent did visit the KGTK(AM) main
       studio on May 19, 2006, and that this fact should have been detailed
       in the NAL. However, the Seattle Office did not mistakenly base its
       findings on the Seattle agent's May 19, 2006, inspection. Although the
       complete file should have been available for "public inspection at any
       time during regular business hours," the Seattle agent agreed to
       return to conduct a full inspection given the inability of the
       KGTK(AM) staff to produce the complete public inspection file. The
       public inspection file which the Seattle agent was presented with on
       May 24, 2006, is the public inspection file described in the NAL. The
       files identified and presented to the agent for inspection as the
       issues/programs lists contained undated public service announcements
       and appropriate issues/programs list for 2004 and prior years of the
       license term. But there were no similar issues/programs lists compiled
       for 2005 or 2006 in the public inspection file. Weighing this evidence
       against the general manager's affidavit, we find that while KGTK(AM)
       apparently produced some information in the issues/programs list file,
       i.e., updated public service announcements that may have fallen within
       the time frame of the five quarters prior to the Seattle agent's
       inspection, this information did not fulfill the requirements of
       Section 73.3526(e)(12), on either May 19, 2006 or May 24, 2006. We
       note, as the Seattle Office did in the NAL, that where lapses occur in
       maintaining the public inspection file, neither the negligent acts nor
       omissions of station employees or agents, nor the subsequent remedial
       actions undertaken by the licensee, excuse or nullify a licensee's
       rule violation. However, it appears that KITZ Radio did make a good
       faith albeit incomplete effort to comply with Section 73.3526(e)(12)
       by maintaining some of the items required for the issues/programs
       lists. Consequently, we reduce the forfeiture amount to $3200.

   11. KITZ Radio also argues that it was unable to produce it current
       authorization because the general manager assumed that the agent
       "meant licenses that reflected a period of validity that include the
       current (May 24, 2006) date." A timely renewal application was filed
       for KGTK(AM), but the general manger "assumed that there were no
       station licenses, as the prior ones had expired and the renewed ones
       had not yet been issued." We are not persuaded by KITZ Radio's
       argument. Section 1.62(a)(1) of the Rules states "[w]here there is
       pending before the Commission at the time of expiration of license any
       proper and timely application for renewal of license with respect to
       any activity of a continuing nature . . ., such license shall continue
       in effect without further action by the commission until such time as
       the Commission shall make a determination with respect to the renewal
       application." Until action is taken on the KGTK(AM) pending renewal
       application, KGTK(AM)'s recently expired license is its most current
       authorization to operate the station. KITZ Radio acknowledges that
       while it has a copy of the recently expired KGTK(AM) license, it did
       not produce it to the Seattle agent for inspection.

   12. KITZ Radio also argues that the forfeiture amount should be reduced
       consistent with the Media Bureau's decision in Trustees of Davidson
       College, in which a $9,000 forfeiture concerning three years of
       missing issues/programs lists was reduced to $1,000. The Davidson
       College case is not dispositive in this case. We first note that the
       Davidson College case involved a violation of Section 73.3527 of the
       Rules and the violation was self-reported by the licensee.
       Additionally, the Media Bureau concluded that the missing
       issues/programs lists were missing for eight months, rather than for
       three years. In the present case, the violations were discovered by a
       Seattle agent during an inspection of the licensee's public inspection
       file. In similar situations, we have proposed and imposed forfeitures
       of at least $4,000 to the licensee.

   13. Finally, KITZ Radio argues that it has an overall history of
       compliance with the Commission's Rules. We have reviewed our records
       and we concur. Consequently, we further reduce KITZ Radio's forfeiture
       amount to $2,400.

   14. 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
       $2,400 is warranted.


   15.  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, KITZ Radio, Inc., IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of $2,400 for willfully
       and repeatedly violating Section 73.3526 of the Rules.

   16. 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.

   17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to KITZ Radio,
       Inc., at its address of record.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 73.3526.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632980005
   (Enf. Bur., Western Region, Seattle Office, released September 1, 2006).

   The file contained complete issues/programs lists for the license term up
   to and including calendar year 2004, and undated lists of public service

   47 C.F.R. S 73.1020(a) and (a)(15)(i).

   47 C.F.R. S 73.3539(a).

   See File No. BR - 20050930AIZ, filed September 30, 2005 ("Broadcast
   Renewal Application").

   We note that the KGTK(AM) Broadcast Renewal Application remains pending as
   of the date of this Order.

   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 73.3526(a)(2).

   47 C.F.R. S 73.3526(b).

   47 C.F.R. S 73.3526(e)(1).

   47 C.F.R. S 73.3526(e)(12).

   47 C.F.R. S 73.3526(b).

   NAL at para. 2 n. 3.

   KITZ Radio also notes that its certification regarding the completeness of
   the KGTK(AM) public inspection file in the KGTK(AM) renewal application
   should no longer be in dispute. We note that the review of that
   application is not before this bureau.

   See Padre Serra Communications, Inc., 14 FCC Rcd 9709 (1999) (citing
   Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970) and Eleven Ten
   Broadcasting Corp., 33 FCC 706 (1962)). As subsequent inspection conducted
   by a Seattle agent after the issuance of the NAL revealed that the
   complete issues/programs list had been placed in the public inspection

   47 C.F.R. S 1.60(a)(1).

   20 FCC Rcd 17190 (MB 2005).

   See, e.g., Wilson Broadcasting, Inc., DA 07-1780, 2007 WL 1185895 (rel.
   April 23, 2007); New Life Broadcasting, Inc. 21 FCC Rcd 8641 (EB 2006).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.3526.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-2659



   Federal Communications Commission DA 07-2659