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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Steckline Communications, Inc. Licensee of Station KGSO
   Wichita, Kansas ) ) ) ) ) ) File No.: EB-FIELDSCR-12-00005157 NAL/Acct.
   No.: 201432560001 FRN: 0009951286 Facility ID: 53150




                                FORFEITURE ORDER

   Adopted: February 5, 2014 Released: February 5, 2014

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

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of twenty-one thousand dollars ($21,000) to Steckline
       Communications, Inc. (Steckline), licensee of AM Station KGSO
       (Station), in Wichita, Kansas, for willfully and repeatedly violating
       Sections 73.62, 73.1560(a), 73.1745(a), and 73.3526 of the
       Commission's rules (Rules).^ The noted violations involved Steckline's
       failure to maintain required directional patterns within prescribed
       parameters, operate within authorized power limits, and maintain and
       make available a complete public inspection file.

   II. BACKGROUND

    2. On October 24, 2013, the Enforcement Bureau's Kansas City Office
       (Kansas City Office) issued a Notice of Apparent Liability for
       Forfeiture and Order  (NAL) for twenty-one thousand dollars ($21,000)
       to Steckline for operating the Station out of compliance with its
       authorization and for public inspection file violations.^ As reflected
       in the NAL, on October 21 and 22, 2012, an agent from the Kansas City
       Office observed the Station operate above its authorized daytime power
       limit and operate in daytime mode at night.^ On October 22, 2012, the
       agent also observed the Station operate substantially at variance from
       the authorized directional parameters without checking monitoring
       points, suspending operations, or reducing power to prevent
       interference.^ Finally, on October 22, 2012, the agent observed that
       the Station's public inspection file did not contain the required
       issues programs lists.^

    3. In response to the NAL, Steckline requests significant reduction of
       the proposed forfeiture.^ Steckline asserts that in the first part of
       October 2012 its contract engineer improperly programmed the Station
       equipment with another station's higher authorized day and nighttime
       power levels.^ Steckline also alleges that in between the contract
       engineer's visit and the agent's inspection on October 22, 2012,
       someone tampered with the Station's remote control, which prevented
       automatic switching from day to night patterns.^ Steckline asserts
       this was "an intentional act by someone with knowledge and access to
       the KGSO transmitter site."^ Steckline provides no other explanation
       for why the Station was operating with more than authorized power and
       with unauthorized direction antenna patterns. Steckline admits that
       what the Station called its "issues programs lists" only contained
       lists of community issues and not the required lists of the
       programming the Station had aired on those issues, and states that it
       remedied this violation.^ Finally, Steckline requests a substantial
       reduction of the proposed forfeiture, because it had not received a
       Commission violation prior to the written notices received in 2012 for
       other stations it owns.^

   III. DISCUSSION

    4. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       (Act),^ Section 1.80 of the Rules,^ and the Forfeiture Policy
       Statement.^ In examining Steckline's NAL Response, Section
       503(b)(2)(E) 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 require.^

    5. We affirm the NAL's finding that Steckline violated Sections 73.62,
       73.1560(a), and 73.1745(a) of the Rules by operating its Station
       inconsistent with the terms of its station authorization.^ According
       to Steckline, its contract engineer improperly programmed the
       Station's transmitter with another station's higher operating power.^
       Thus, it is undisputed that, from the first part of October 2012 until
       October 22, 2012, the Station's transmitter was set to operate with
       more than authorized daytime power during the day. It is also
       undisputed that on October 22, 2012, an agent from the Kansas City
       Office observed the Station's directional antenna set to operate
       substantially at variance from its authorized directional parameters
       when the Station was in both daytime and nighttime modes. Steckline
       also has no record of when its directional antenna parameters were
       last within tolerance. Therefore, even if we were to ignore the fact
       that on October 21 and 22, 2012, the Station was set to operate in
       daytime mode with daytime directional parameters at night, Steckline
       willfully and repeatedly violated the Rules by operating its Station
       with more than authorized daytime power and at substantial variance
       from authorized daytime parameters during the day. We also do not find
       persuasive Steckline's claims that the Station's remote control was
       tampered with, thereby preventing automatic switching from day to
       nighttime settings.^ The absence of routine monitoring and logging by
       station personnel allowed the condition of the remote control and of
       the transmitter to go unobserved for a prolonged period. The
       Commission has held that inadvertent mistakes neither excuse a rule
       violation nor mitigate a forfeiture liability.^  Thus, we find
       Steckline also violated the Rules by operating with more than
       authorized power and in daytime mode at night. Therefore, based on the
       evidence before us, we conclude that Steckline willfully and
       repeatedly violated Sections 73.62, 73.1560(a), and 73.1745(a) of the
       Rules by operating its Station with more than authorized power and
       incorrect antenna directional parameters.

    6. We also affirm the NAL's finding that Steckline violated Section
       73.3526 of the Rules by failing to maintain and make available a
       complete public inspection file for the Station.^ On October 22, 2012,
       an agent from the Kansas City Office asked to inspect the Station's
       public inspection file during regular business hours. The public
       inspection file contained documents that the Station called "issues
       programs lists"--except for the third quarter of 2012-- but these
       documents did not contain any lists or information regarding the
       programs aired to address community issues.^ In its NAL Response,
       Steckline admitted omitting the missing information and stated that it
       has since supplemented its issues programs lists.^ Based on the
       evidence before us, we find that Steckline  willfully and repeatedly
       violated Section 73.3526 of the Rules by failing to maintain  required
       issues programs lists for the Station and willfully violated Section
       73.3526 of the Rules by failing to make available required issues
       programs lists for the Station.

    7. Finally, we reject Steckline's request for reduction of the proposed
       forfeiture on the basis of its history of compliance with the Rules.
       On July 12, 2012, an agent from the Kansas City Office observed AM
       antenna fencing, main studio, and public inspection violations at
       KYUL-AM and KIUL-AM, two stations owned by Steckline.^ We researched
       our records and determined Steckline also received a Notice of
       Violation on November 29, 2012 for violations associated with another
       of its stations, KGYN-AM.^ Therefore, while Steckline may not have
       received a written violation prior to 2012, it can no longer claim
       that it has a history of compliance with the Rules. Therefore, we
       conclude no reduction in forfeiture is warranted on these grounds.
       Based on the evidence before us, we conclude that Steckline willfully
       and repeatedly violated Sections 73.62, 73.1560(a), 73.1745(a), and
       73.3526 of the Rules by failing to maintain required directional
       patterns within prescribed parameters, operate within authorized power
       limits, and maintain and make available a complete public inspection
       file. As a result, the twenty-one thousand dollar ($21,000) forfeiture
       proposed in the NAL is warranted.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80(f)(4) of the
       Rules, Steckline Communications, Inc. IS LIABLE FOR A MONETARY
       FORFEITURE in the amount of twenty-one thousand dollars ($21,000) for
       violations of Sections 73.62, 73.1560(a), 73.1745(a), and 73.3526 of
       the Rules.^

    9. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Order.^  If the forfeiture is not paid within the
       period specified, the case may be referred to the U.S. Department of
       Justice for enforcement of the forfeiture pursuant to Section 504(a)
       of the Act.^  Steckline Communications, Inc. shall send electronic
       notification of payment to SCR-Response@fcc.gov on the date said
       payment is made. The payment must be made by check or similar
       instrument, wire transfer, or credit card, and must include the
       NAL/Account Number and FRN referenced above. 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.

   10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class and Certified Mail, Return Receipt Requested, to Steckline
   Communications, Inc.  at  1632 South Maize Road, Wichita, KS 67209 and
   1300 North 17^th Street, 11^th Floor, Arlington, VA 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. SS 73.62, 73.1560(a), 73.1745(a), 73.3526.

   ^ Steckline Communications, Inc. Notice of Apparent Liability for
   Forfeiture and Order, 28 FCC Rcd 14618 (Enf. Bur. 2013) (NAL). A
   comprehensive recitation of the facts and history of this case can be
   found in the NAL and is incorporated herein by reference.

   ^ Id. at 14618, paras. 2-3.

   ^ Id. at 14618-19, para. 3.

   ^ Id. at 14619, para.4.

   ^ Letter from Greg Steckline, President, Steckline Communications, Inc.,
   to Kansas City Office, South Central Region, Enforcement Bureau at 1-2
   (received Nov. 22, 2013) (on file in EB-FIELDSCR-12-00005157) (NAL
   Response).

   ^ Id. at 1.

   ^ Id.

   ^ Id.

   ^ Id. at 1.

   ^ Id. at 2; See Steckline Communications, Inc., Notice of Apparent
   Liability for Forfeiture, 28 FCC Rcd 6168 (Enf. Bur. 2013) (KYUL NAL);
   Steckline Communications, Inc., Notice of Apparent Liability for
   Forfeiture, 28 FCC Rcd 6174 (Enf. Bur. 2013) (KIUL NAL).

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

   ^ 47 C.F.R. S 1.80.

   ^ 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), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

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

   ^ See NAL supra note 2. Section 73.62 of the Rules requires AM licensees
   operating a directional antenna to maintain directional antenna relative
   phases within 3 degrees of the values specified or terminate operations
   within three hours or reduce power to eliminate excessive radiation. 47
   C.F.R. S 73.62. Section 73.1560(a) of the Rules requires AM station
   licensees to maintain their antenna input power within 90% and 105% of the
   authorized power. 47 C.F.R. S 73.1560(a). Section 73.1745(a) of the Rules
   requires licensees to operate their stations pursuant to the terms
   contained in their authorizations. 47 C.F.R. S 73.1745(a).

   ^ See NAL Response at 1. Commission precedent has established that a
   violator can be held liable for violations resulting from employee
   mistakes. See, e.g., Tidewater Communications, LLC, Order on Review, 25
   FCC Rcd 1675, 1676, para. 5 (2010) (citing North Country Repeaters,
   Forfeiture Order, 19 FCC Rcd 22139 (Enf. Bur. 2004)); Standard
   Communications Corp., Memorandum Opinion and Order, 1 FCC Rcd 358 (1986).

   ^ We note Steckline has not provided any corroborating evidence of its
   tampering claims or any reasonable theories regarding the identity and
   motives of the alleged third party.

   ^ See, e.g.,  Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4387, para. 3 (1991) (holding that inadvertent
   mistakes are not mitigating circumstances that can serve to justify a
   forfeiture reduction), recons. denied, 7 FCC Rcd 3454 (1992); see also
   Princess K Fishing Corp., Forfeiture Order, 24 FCC Rcd 2606, 2608-09,
   para. 9 (Enf. Bur. 2009) (stating that a licensee need not have the mens
   rea to commit a violation in order for a violation to be "willful"),
   recons. dismissed, Memorandum Opinion and Order, 27 FCC Rcd 4707 (Enf.
   Bur. 2012).

   ^ See NAL supra note 2.

   ^ See 47 C.F.R. S 73.3526(12).

   ^ NAL Response at 1.

   ^ See KYUL NAL at 6168-69; KIUL NAL at 6174-75. The agent observed that
   Station KYUL-AM did not maintain a main studio in the Scott City, Kansas
   area. See KYUL NAL. The agent also inspected Station KYUL-AM's public
   inspection file and found it missing all documents and issues programs
   lists after 2009. Id. In addition, the agent observed a section of the
   fence surrounding Station KIUL-AM's antenna structure lying on the ground.
   See KIUL NAL.

   ^ Steckline Communications, Inc., Notice of Violation, V201332500020 (Enf.
   Bur. Nov. 29, 2012).

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80(f)(4),
   73.62, 73.1560(a), 73.1745(a), 73.3526.

   ^ 47 C.F.R. S 1.80.

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

   ^ 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.

   Federal Communications Commission DA 14-134

   5

   Federal Communications Commission DA 14-134