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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                                     
                                                                             
                                       )                                     
     In the Matter of                                                        
                                       )                                     
     Pacific Empire Radio                                                    
     Corporation                       )   File No.: EB-FIELDWR-12-00002389  
                                                                             
     Licensee of:                      )   NAL/Acct. No.: 201232920001       
                                           FRN: 0006196612                   
     Station KLBM, La Grande, Oregon   )                                     
                                           Facility ID Nos.: 35047, 24794    
     Station KBKR, Baker, Oregon       )                                     
                                           24796, 24795                      
     Station KUBQ, La Grande, Oregon   )                                     
                                           164224                            
     Station KKBC-FM, Baker, Oregon    )                                     
                                                                             
     Station KRJT, Elgin, Oregon       )                                     
                                                                             
                                       )                                     
                                                                             
                                       )                                     


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER

   Adopted: May 21, 2012 Released: May 22, 2012

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture and Order (NAL),
       we find that Pacific Empire Radio Corporation (Pacific Empire),
       licensee of Station KLBM, La Grande, Oregon, Station KBKR, Baker,
       Oregon, Station KUBQ, La Grande, Oregon, Station KKBC-FM, Baker,
       Oregon and Station KRJT, Elgin, Oregon (Stations), apparently
       willfully and repeatedly violated Section 73.3526(e)(12) of the
       Commission's rules (Rules), by failing to retain multiple issues and
       programs lists in the local public inspection file for each of the
       Stations. We conclude that Pacific Empire is apparently liable for a
       forfeiture in the amount of twenty five  thousand dollars ($25,000).
       In addition, we direct Pacific Empire to submit, no later than thirty
       (30) calendar days from the date of this NAL, a statement signed under
       penalty of perjury stating that Pacific Empire is now in compliance
       with Section 73.3526 of the Rules.

   II. BACKGROUND

    2. The main studios of the Stations are co-located at 2510 Cove Avenue,
       La Grande, Oregon. On August 11, 2011, an agent from the Enforcement
       Bureau's Portland Resident Agent Office (Portland Office) conducted an
       inspection of the Stations. The agent reviewed the Stations' public
       inspection files and found that the files did not contain
       issues/programs lists for twelve consecutive quarters for any of the
       Stations. Specifically, each of the files was missing issues/programs
       lists from the third quarter of 2008 through the second quarter of
       2011.

    3. On September 8, 2011, the Portland Office sent a Letter of Inquiry
       (LOI) to Pacific Empire. In its reply to the LOI, Pacific Empire
       stated that "[e]ach [of the Stations] was missing the same issues and
       programs [lists] from July 2008 to August 11, 2011 due to the lack of
       transparency between new management and outgoing management. In this
       process the files were either misplaced or missing altogether."
       Pacific Empire also stated that it had developed a timeline with a
       completion date of October 15, 2011, to ensure that the
       issues/programs lists for each of the Stations are complete and that
       as of the date of the LOI Response, it had completed the
       issues/programs lists from January 2011 through August 2011 for all of
       the Stations.

   III. DISCUSSION

    4. Section 503(b) of the Communications Act of 1934, as amended (Act),
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedtly fails to comply with any of the provisions of
       the Act or of any rule, regulation, or order issued by the Commission
       thereunder, shall be liable for monetary forfeiture penalty. Section
       312(f)(1) of the Act defines "willful" as the "conscious and
       deliberate commission or omission of [any] act, irrespective of any
       intent to violate" the law. The legislative history to Section
       312(f)(1) of the Act clarifies that this definition of willful applies
       to both Sections 312 and 503(b) of the Act, and the Commission has so
       interpreted the term in the Section 503(b) context.  The Commission
       may also assess a forfeiture for violations that are merely repeated,
       and not willful.  The term "repeated" means the commission or omission
       of such act more than once or for more than one day. 

   A. Failure to Retain the Issues and Programs Lists in the Public
   Inspection File

    5. Section 73.3526(a)(2) of the Rules requires broadcast stations to
       maintain for public inspection a file containing materials listed in
       that section. Section 73.3526(c)(1) of the Rules specifies that the
       file shall be available for public inspection at any time during
       regular business hours, and section 73.3526(e)(12) of the Rules
       specifically requires licensees to place in their public inspection
       file 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 (known as the issues/programs list). The
       issues/programs lists must include "a brief narrative describing what
       issues were given significant treatment and the programming that
       provided this treatment," including, but not limited to, the time,
       date, duration, and title of each program in which the issue was
       treated. Copies of the issues/programs list must be retained in the
       public inspection file until final action has been taken on the
       station's next license renewal application.

    6. During an inspection conducted on August 11, 2011, an agent from the
       Portland Office found that 12 consecutive issues and programs lists,
       from the third quarter of 2008 through the second quarter of 2011,
       were missing from public inspection files of each of the Stations.
       Pacific Empire admitted to the Portland Office that the lists were
       either missing or misplaced due to changes in management.  Based on
       the evidence before us, we find that Pacific Empire  apparently
       willfully and repeatedly violated Section 73.3526(e)(12) of the Rules
       by failing to maintain the Stations' issues/programs lists and make
       them available in the Stations' public inspection files.  

    B. Proposed Forfeiture Amount and Reporting Requirement

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for violating of the
       public file rules is $10,000 for each radio station. In assessing the
       monetary forfeiture amount, we must also take into account the
       statutory factors set forth in Section 503(b)(2)(E) of the Act, which
       include the nature, circumstances, extent, and gravity of the
       violations, 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. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we also take into account the number of Stations
       involved, the fact that the Stations' public inspection files were
       partially complete, and that the missing issues/programs lists would
       have been substantially similar given the proximity of the communities
       served by the Stations. We also take into account Pacific Empire's
       history of compliance with the Rules. We conclude that Pacific Empire 
       is apparently liable for a  total  forfeiture in the amount of
       $25,000.

    8. We also direct Pacific Empire to submit a statement under penalty of
       perjury and signed by an officer or director of Pacific Empire stating
       that they are now in full compliance with Section 73.3526 of the
       Rules. This statement must be provided to the Portland Office at the
       address listed in paragraph 11 within thirty (30) calendar days of the
       release date of this Notice of Apparent Liability for Forfeiture and
       Order.

   IV. ORDERING CLAUSES

    9. 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, 0.314, and 1.80 of the Commission's rules, Pacific Empire Radio
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twenty five  thousand dollars ($25,000)
       for violations of Section 73.3526(e)(12) of the Rules.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture and Order,
       Pacific Empire Radio Corporation SHALL PAY the full amount of the
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   11. IT IS FURTHER ORDERED that Pacific Empire Radio Corporation SHALL
       SUBMIT a written statement, as described in paragraph 8, within thirty
       (30) calendar days of the release date of this Notice of Apparent
       Liability for Forfeiture and Order. The statement must be mailed to
       Federal Communications Commission, Enforcement Bureau, Western Region,
       Portland Resident Agent  Office,  P.O. Box 61469, Vancouver,
       Washington 98666-1469. Pacific Empire Radio Corporation shall also
       e-mail the written statement to WR-Response@fcc.gov.

   12. Payment of the forfeiture must be made by credit card, check, or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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. Payment 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.  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.   If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or E-mail: ARINQUIRIES@fcc.gov. Pacific Empire  Radio
       Corporation will also send electronic notification on the date said
       payment is made to WR-Response@fcc.gov.

   13. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, Western
       Region, Portland Resident Agent Office, P.O. Box 61469,Vancouver,
       Washington 98666-1469, and include the NAL/Acct. No. referenced in the
       caption. Pacific Empire Radio Corporation shall also email the written
       response to WR-Response@fcc.gov.

   14. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (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.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture and Order shall be sent by both Certified Mail, Return
       Receipt Requested, and regular mail to Pacific Empire Radio
       Corporation  at 403 "C" Street, Lewiston, Idaho 83501.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

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

   See Letter of Inquiry from Binh Nguyen, Resident Agent, Portland Office,
   Western Region, FCC Enforcement Bureau, to Pacific Empire Radio
   Corporation (Sep. 8, 2011) (on file in EB-11-PO-0096, 97, 98, 99, 100).

   Letter from to Pacific Empire Radio Corporation to Binh Nguyen, Resident
   Agent, Portland Office, Western Region, FCC Enforcement Bureau (Sep. 16,
   2011) (on file in EB-11-PO-0096, 97, 98, 99, 100) (LOI Response).

   Id.  at 1.

   Id.  at 2.

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

   47 U.S.C. S: 312(f)(1).

   H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).

   See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term '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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   47 C.F.R. S: 73.3526(a)(2).

   47 C.F.R. S: 73.3526(c)(1).

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

   Id.

   Id.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   See, e.g., Wilson Broadcasting, Inc., Memorandum Opinion and Order, 22 FCC
   Rcd 15963 (Enf. Bur. 2007) (affirming a forfeiture of $4,000 for each of
   three co-located stations with public files missing multiple quarterly
   issues/programs lists).

   We note that Pacific Empire had a history of compliance with the Rules
   prior to the August 11, 2011, inspection by the Portland agent. Along with
   the instant NAL, this inspection resulted in Notices of Violation issued
   against each of the Stations for violations of Sections 11.61(b) and
   73.1870(b)(3) of the Rules, concerning Emergency Alert System logs and
   Chief Operator designation. See, e.g., Pacific Empire Radio Corp., Station
   KLBM, Notice of Violation, V201132920031 (rel. Sep. 8, 2011). Because
   these violations were observed during the same inspection as the
   violations described in this NAL, we do not believe that they negate
   Pacific Empire's history of compliance prior to the inspection.

   47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
   73.3526(e)(12).

   See 47 C.F.R. S: 1.1914.

   47 C.F.R. S:S: 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 12-792

                                       5

   Federal Communications Commission DA 12-792