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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
                                           )                                
                                                                            
     In the Matter of                      )                                
                                                                            
     Broadcast Entertainment Corporation   )                                
                                                                            
     Former Licensee of:                   )                                
                                                File Numbers: EB-07-DV-056  
     KICA(AM)                              )                                
                                                              EB-07-DV-057  
     Clovis, New Mexico                    )                                
                                               NAL/Acct. No.: 200732800005  
     Facility ID # 61577                   )                                
                                                           FRN: 0000012898  
     KKYC(FM)                              )                                
                                                                            
     Clovis, New Mexico                    )                                
                                                                            
     Facility ID # 33402                   )                                
                                                                            
                                           )                                
                                                                            
                                           )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted: March 27, 2008 Released: March 31, 2008

   By the Associate Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Memorandum Opinion and Order, issued pursuant to Section 405
       of the Communications Act of 1934, as amended ("Act"), and Section
       1.106 of the Commission's rules, we grant, to the extent indicated
       herein, a Petition for Reconsideration ("Petition") filed on October
       10, 2007, by Broadcast Entertainment Corporation ("BEC"), former
       licensee former licensee of stations KICA(AM) and KKYC(FM) serving
       Clovis, New Mexico,  of a Forfeiture Order  issued by the Western
       Region ("Region") of the Enforcement Bureau, imposing an eight
       thousand dollar ($8,000) monetary forfeiture penalty against BEC for
       willful and repeated violation of Section 73.3526 of the Commission's
       Rules ("Rules"). The noted violation involves BEC's failure to
       maintain a complete public inspection file at each station. For the
       reasons discussed below, we cancel the forfeiture. We also admonish
       BEC for its willful and repeated violation of Section 73.3526 of the
       Rules.

   II. BACKGROUND

    2. On January 10, 2007, an agent from the Enforcement Bureau's Denver
       Office conducted an inspection of KICA(AM) and KKYC(FM) at the
       station's main studio location in Clovis, New Mexico, during normal
       business hours. The inspection revealed that the stations' public
       inspection files did not contain all of the required quarterly radio
       issues/programs lists for the entire license term. The current license
       term for each of the stations started on October 1, 2005.

    3. On June 18, 2007, the Denver Office issued a NAL in the amount of
       $8,000 to BEC, finding that BEC apparently willfully and repeatedly
       failed to maintain complete public inspection files for KICA(AM) and
       KKYC(FM). BEC filed a response ("Response") on July 16, 2007, arguing
       that the proposed forfeiture amount should be cancelled because BEC is
       no longer the licensee of KICA(AM) and KKYC(FM), that the violation a
       mistake due to a change in management of the stations, and that BEC
       rectified the violation after the inspection by the Denver Office.

    4. In the Forfeiture Order, issued September 11, 2007, the Region
       considered all the issues raised by BEC and found that although BEC
       was no longer the licensee of KICA(AM) and KKYC(FM), it was still an
       ongoing concern and, therefore, there were no extenuating
       circumstances or any other grounds to support canceling the
       forfeiture. The Region also found no merit to BEC's arguments that its
       failure to place the missing quarterly issues/programs lists in the
       public inspection file was a mistake due to a change in management and
       was rectified shortly after the inspection. The Region reiterated the
       Commission's determination that 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,
       and 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

   III. DISCUSSION

    5. Reconsideration is appropriate only where the petitioner either
       demonstrates a material error or omission in the underlying order or
       raises additional facts not known or not existing until after the
       petitioner's last opportunity to present such matters. A petition for
       reconsideration that reiterates arguments that were previously
       considered and rejected will be denied. In it Petition, BEC raises
       facts that it had not made known to the Region at the time that the
       Forfeiture Order was released. BEC, in its Petition, states, for the
       first time, that it has no ability to pay, no assets, no money, no
       bank accounts, no shareholders, no officers, and no address. BEC also
       states that it requested dissolution from Texas State Comptroller on
       August 17, 2007. As part of its Petition, BEC includes its filings
       with the Texas State Comptroller.

    6. After reviewing the particular circumstances in this case, and per the
       discretion authorized by Section 504(b) of the Act, and implemented by
       Section 1.80(i) of the Rules, we conclude that cancellation of the
       $8,000 forfeiture is warranted. Nevertheless, we find that it is
       appropriate to admonish BEC for its willful and repeated violation of
       Section 73.3526 of the Rules.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's Rules, Broadcast Entertainment Corporation's Petition for
       Reconsideration, filed October 10, 2007, IS GRANTED TO THE EXTENT
       INDICATED HEREIN AND DENIED IN ALL OTHER RESPECTS.

    8. IT IS FURTHER ORDERED, pursuant to Section 504(b) of the
       Communications Act of 1934, as amended ("Act"), and Section 1.81(i) of
       the Commission's Rules, that the forfeiture in the amount of eight
       thousand dollars ($8,000) issued to Broadcast Entertainment
       Corporation, in the September 11, 2007, Forfeiture Order for willful
       and repeated violations of Section 73.3526 of the Rules IS CANCELLED.

    9. IT IS FURTHER ORDERED that Broadcast Entertainment Corporation, IS
       ADMONISHED for its willful and repeated violations of Section 73.3526
       of the Rules.

   10. IT IS FURTHER ORDERED that this Order shall be sent by regular mail
       and by certified mail, return receipt requested, to Broadcast
       Entertainment Corporation, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   George R. Dillon

   Associate Chief, Enforcement Bureau

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   On March 21, 2007, the Commission granted an application (File No.
   BAL-20070201BFW) to assign the KICA(AM) and KKYC(FM) licenses from
   Broadcast Entertainment Corporation to Tallgrass Broadcasting, LLC. The
   transaction was consummated on April 2, 2007.

   Broadcast Entertainment Corporation, 22 FCC Rcd 16745 (EB 2007)
   ("Forfeiture Order").

   47 C.F.R. S: 73.3526.

   Forfeiture Order, 22 FCC Rcd at 16747.

   Forfeiture Order, 22 FCC Rcd at 16747 (citing AT&T Wireless Services,
   Inc., 17 FCC Rcd 21866, 21871-76 (2002)).

   Forfeiture Order, 22 FCC Rcd at 16747 - 16748 (citing Padre Serra
   Communications, Inc., 14 FCC Rcd 9709 (1999)).

   See 47 C.F.R. S: 1.106(c); EZ Sacramento, Inc., 15 FCC Rcd 18257, (EB
   2000), citing WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom. Lorain
   Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S.
   967 (1966).

   EZ Sacramento, Inc., 15 FCC Rcd at 18257.

   BEC also raises, for the first time, its history of compliance with the
   Commission's Rules. Because we are cancelling the forfeiture on other
   grounds, we do not reach this argument.

   47 U.S.C. S: 504(b).

   47 C.F.R. S: 1.80(i).

   See Grass Roots Broadcasting, LLC, 19 FCC Rcd 4018 (EB 2004).

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   Federal Communications Commission DA 08-741

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   Federal Communications Commission DA 08-741