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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Western Slope Communications, LLC Licensee of: Station
   KRGS, Rifle, Colorado Station KRVG, Glenwood Springs, Colorado )))))))
   File No.: EB-FIELDWR-12-00003820 File No.: EB-FIELDWR-12-00003822
   NAL/Acct. No.: 201332800006 FRN: 0004259552 Facility ID Nos.: 71960 and
   88077




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 9, 2013 Released: July 10, 2013

   By the District Director, Denver Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Western Slope Communications, LLC (Western Slope), licensee of
       Station KRGS, Rifle, Colorado, and Station KRVG, Glenwood Springs,
       Colorado (Stations), apparently willfully and repeatedly violated
       Section 73.3526  of the Commission's rules (Rules)^ by failing to
       maintain complete public inspection files. We conclude that Western
       Slope is apparently liable for a forfeiture in the amount of
       twenty-five thousand dollars ($25,000).

   II. BACKGROUND

    2. On August 21, 2012, an agent from the Enforcement Bureau's Denver
       Office (Denver Office) conducted an inspection of the Stations at
       their main studios co-located at 818 Taughenbaugh Blvd., Suite 107,
       Rifle, Colorado. The Denver agent reviewed the Stations' public
       inspection files and found that the files were each missing
       issues/programs lists for twenty (20) quarters.^ Each station was
       required to retain twenty-seven (27) quarters of lists since the
       Stations' last renewals, which were granted on December 21, 2005.

    3. On November 1, 2012, the Denver Office issued Notices of Violation to
       Western Slope concerning the KRGS and KRVG inspections.^ In its
       Consolidated NOV Response to the KRGS NOV and KRVG NOV,^ Western Slope
       acknowledged that the issues/programs lists for the Stations were not
       in the public inspection files located in the Rifle studio at the time
       of the inspection.^ Western Slope stated that it quickly located the
       documents in their entirety at the studio of a co-owned station in
       Grand Junction, Colorado, and that because its Grand Junction stations
       are part of the same employment unit as the Stations, Western Slope
       believes an employee inadvertently misplaced the lists at the wrong
       studio.^ Western Slope further stated that the oversight had been
       corrected and included copies of all the required issues/programs
       lists for both Stations for the applicable license terms in its
       Consolidated NOV Response.^

   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 repeatedly 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 a 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 Maintain the Issues and Programs Lists in the Public
   Inspection File

    5. Section 73.3526(a)(2) of the Rules requires that broadcast stations
       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 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
       issues/programs lists and must include a brief narrative describing
       what issues were given significant treatment and the programming that
       provided this treatment. Copies of the issues/programs lists must be
       retained in the public inspection file until final action has been
       taken on the station's next license renewal application.^ The license
       renewals for the Stations were granted on December 21, 2005, and
       expired April 1, 2013.^ At the time of the August 21, 2012,
       inspection, the Stations' public inspection files were each missing
       twenty (20) of twenty-seven (27) quarters of radio issues/programs
       lists. In its Consolidated NOV Response, Western Slope acknowledged
       the missing issues/programs lists for both Stations.^ Based on the
       evidence before us, we find that Western Slope apparently willfully
       and repeatedly violated Section 73.3526 of the Rules by failing to
       maintain the issues/programs lists and make them available in the
       Stations' public inspection files.

    B. Proposed Forfeiture Amount

    6. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for violating the public
       file rules is $10,000.^ 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 find no
       downward adjustments are warranted, but conclude that an upward
       adjustment is warranted because of the large number of issues/programs
       lists missing from the Stations' public inspection files.^
       Accordingly, we propose a forfeiture amount of twelve thousand five
       hundred dollars ($12,500) for each of the Stations, rather than the
       base forfeiture amount. Applying the Forfeiture Policy Statement,
       Section 1.80 of the Rules, and the statutory factors to the instant
       case, we conclude that Western Slope is apparently liable for a
       forfeiture in the amount of twenty-five thousand dollars ($25,000).

   IV. ORDERING CLAUSES

    7. 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, Western Slope
       Communications, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR
       A FORFEITURE in the amount of twenty-five  thousand dollars ($25,000)
       for violation of Section 73.3526 of the Rules.^

    8. 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, Western
       Slope Communications, LLC, SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

    9. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Western Slope shall also send electronic
       notification on the date said payment is made to WR-Response@fcc.gov.
       Regardless of the form of payment, a completed FCC Form 159
       (Remittance Advice) must be submitted.^ When completing the FCC Form
       159, enter the Account Number in block number 23A (call sign/other ID)
       and enter the letters "FORF" in block number 24A (payment type
       code).  Below are additional instructions you should follow based on
       the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   10. Any request for making full payment over time under an installment
       plan should be sent to:  Chief Financial Officer--Financial
       Operations, Federal Communications Commission, 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 by phone, 1-877-480-3201, or by e-mail,
       ARINQUIRIES@fcc.gov.

   11.  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, Denver Office, 215 S. Wadsworth Blvd., Suite 303, Lakewood,
       Colorado, 80226, and include the NAL/Acct. No. referenced in the
       caption. Western Slope Communications, LLC, also shall e-mail the
       written response to WR-Response@fcc.gov.

   12. 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.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and first class mail to Western Slope Communications, LLC,
       at 190 Turner Drive, Suite G, Durango, Colorado 81303, and to its
       counsel, at Fletcher, Heald & Hildreth, PLC, 1300 North 17^th Street,
       11^th Floor, Arlington, Virginia 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Nikki P. Shears

   District Director

   Denver Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 73.3526.

   ^ Specifically, the Stations were missing the issues/programs lists for
   the following quarters: fourth quarter of 2005; first through fourth
   quarters of 2006, 2007, 2008 and 2009; and first, second, and fourth
   quarters of 2011.

   ^ See Western Slope Communications, LLC, Notice of Violation,
   V201332800008 (Nov. 1, 2012) (KRGS NOV); Western Slope Communications,
   LLC, Notice of Violation, V201332800007 (Nov. 1, 2012) (KRVG NOV).

   ^ See  Consolidated NOV Response of Western Slope Communications, LLC
   (filed Nov. 20, 2012) (on file in EB-FIELDWR-12-00003820) (Consolidated
   NOV Response).

   ^ Consolidated NOV Response at 4.

   ^ Id.

   ^ Id., Exhibit B.

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

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

   ^ H.R. Rep. No. 97-765, 97^th 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., Application for Review of Southern California Broad. Co.,
   Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (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, para. 9.

   ^ 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.

   ^ Both Stations have renewal applications pending. See File No.
   BR-20121203BQX (accepted for filing Dec. 5, 2012) (for KRGS); File No.
   BRH-20121203BQU (accepted for filing Dec. 5, 2012) (for KRVG).

   ^ See Consolidated NOV Response at 4.

   ^ 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 Gulf-California Broad. Co., Notice of Apparent Liability for
   Forfeiture, 27 FCC Rcd 11421 (Enf. Bur. 2012) (forfeiture of $15,000
   proposed for licensee who failed to place twenty-five (25) consecutive
   issues/programs lists in a station's public inspection file) (forfeiture
   paid).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
   73.3526.

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-1543

                                       3

   Federal Communications Commission DA 13-1543