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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                       )                                
                                                File No.: EB-11-KC-0009      
     KM Radio of Independence, LLC          )                                
                                                NAL/Acct. No.: 201232560001  
     Licensee of Stations KQMG and          )                                
     KQMG-FM,                                   FRN: 0010976108              
     Independence, Iowa;                        Facility ID Nos.: 42077;     
                                            )   42080                        
     and Owner of Antenna Structure No.                                      
     1053693                                )                                

                                FORFEITURE ORDER

   Adopted: May 3, 2012 Released: May 3, 2012

   By the Regional Director, South Central Region, Enforcement Bureau:

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to KM Radio of
       Independence, LLC (KM Radio), licensee of Stations KQMG and KQMG-FM,
       in Independence, Iowa, and owner of antenna structure number 1053693
       also located in Independence, Iowa, for willful and repeated violation
       of Sections 11.35, 17.51, and 73.3526  of the Commission's rules
       (Rules), and Section 303(q) of the Communications Act of 1934, as
       amended (Act) and willful violation of Section 73.1560(b) of the
       Rules. The noted violations involved failing to: maintain operational
       emergency alert system (EAS) equipment; exhibit required obstruction
       lighting on the Tower; maintain and make available a complete public
       inspection file; and operate with authorized transmitter output power.

   2. On February 7, 2012, the Enforcement Bureau's Kansas City Office
   (Kansas City Office) issued a Notice of Apparent Liability for Forfeiture
   (NAL) in the amount of $10,000 to KM Radio. KM Radio has not filed a
   response to the NAL. Based on the information before us, we affirm the

   3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311
   and 1.80(f)(4) of the Commission's rules, KM Radio of Independence, LLC IS
   LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for violations
   of Section 303(q) of the Act and Sections 11.35, 17.51, 73.1560(b), and
   73.3526 of the Commission's rules.

   4. Payment of the forfeiture shall be made in the manner provided for in
   Section 1.80 of the Rules within thirty (30) calendar 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 enforcement
   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/Account Number
   and FRN referenced above. Payment by check or money order may be mailed to
   Federal Communications Commission, P.O. Box 979088, St. Louis, MO
   63197-9000. Payment by overnight mail may be sent to U.S. Bank -
   Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis,
   MO 63101. Payments by wire transfer may be made to ABA Number 021030004,
   receiving bank TREAS/NYC, and account number 27000001. For payment by
   credit card, an FCC Form 159 (Remittance Advice) must be submitted.  FCC
   Form 159 may be obtained at When
   completing the FCC Form 159, enter the NAL/Account number in block number
   23A (call sign/other ID), and enter the letters "FORF" in block number 24A
   (payment type code). Requests for full payment under an installment plan
   should be sent to:  Chief Financial Officer -- Financial Operations, 445
   12th Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
   the Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures. KM
   Radio of Independence, LLC shall also send electronic notification on the
   date said payment is made to

   5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class Mail and Certified Mail, Return Receipt Requested, to KM Radio
   of Independence, LLC at 3654 West Jarvis Avenue, Skokie, Illinois 60076,
   and to its counsel, Aaron P. Shainis, Shainis & Peltzman, Chartered, 1850
   M Street NW, Suite 240, Washington, D.C. 20036.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S:S: 11.35, 17.51, 73.1560(b), 73.3526.

   47 U.S.C. S: 303(q).

   47 C.F.R. S: 73.1560(b).

   KM Radio of Independence, LLC., Notice of Apparent Liability for
   Forfeiture, 27 FCC Rcd 1367 (Enf. Bur. 2012).

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

   47 U.S.C. S: 303(q); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4),
   11.35, 17.51, 73.1560(b), 73.3526..

   47 U.S.C. S: 301.

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

   Federal Communications Commission DA 12-702



   Federal Communications Commission DA 12-702