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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
     
In the Matter of                )
                                )  
College of the Ozarks           )  File No. EB-00-KC-003         
Point Lookout, Missouri         )  NAL/Acct. No. 915KC0003

 
                  MEMORANDUM OPINION AND ORDER


     Adopted:  July 3, 2000             Released:  July 5, 2000  

By the Chief, Enforcement Bureau:


     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
rescind an $8,000  proposed forfeiture issued  to the College  of 
the Ozarks (``College''),  licensee of noncommercial  educational 
FM Station KCOZ, Point Lookout, Missouri, for willfully violating 
Section  11.35  of  the  Commission's  Rules  (``Rules'').1   The 
violation involves the  College's operation of  KCOZ without  the 
required Emergency Alert System (``EAS'') equipment in place.

     2.   On  July  12,  1999,  the  Commission's  Kansas   City, 
Missouri Field Office issued a  Notice of Apparent Liability  for 
Forfeiture (``NAL'') for  $8,000 to the  College for the  Section 
11.35 violation. 2   On August  11, 1999, the  College filed  its 
response to the NAL.  The College  contends that it did not  know 
of the Commission's EAS regulations, that it took prompt remedial 
action by ordering the EAS equipment and is taking other steps to 
ensure compliance with FCC Rules, and that the $8,000  forfeiture 
amounts to  an undue  financial burden  for it  in light  of  the 
$7,100 budgeted annually for KCOZ's operation.
  
     3.   After reviewing  the particular  circumstances in  this 
case, in particular the financial hardship that would result from 
an $8,000  forfeiture,  and  per  the  discretion  authorized  by 
Section 504(b) of the Act,3 and implemented by Section 1.80(i) of 
the Rules,4 we conclude that rescission of the $8,000  forfeiture 
is warranted. We note, however, that the actions at issue in this 
case constitute a violation  of Section 11.35  of the Rules.   We 
will, therefore,  retain  a record  of  this violation,  and  the 
violation will be considered in determining an equitable  penalty 
in the  event  any  future violations  occur.5   Accordingly,  we 
admonish the College to carefully follow all Commission Rules  in 
its current and future operation of KCOZ.6
                         
     4.   ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the  Act and  Sections 0.111,  0.311, and  1.80 of  the 
Rules,7 the $8,000 forfeiture issued to the College of the Ozarks 
IS RESCINDED to the extent explained in this Order.

     5.   IT IS FURTHER ORDERED that, a copy of this Order shall 
be sent by certified mail, return receipt requested, to the 
College of the Ozarks, Point Lookout, Missouri 65726. 



                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau 
_________________________

1 47 C.F.R. § 11.35.

2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
915KC0003 (Compl. & Inf. Bur. Kansas City Field Office, rel. July 
12, 1999).

3 47 U.S.C. § 504(b).

4 47 C.F.R. § 1.80(i).

5 See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, 12 FCC Rcd 17087, 17103 (1997), recon. denied, 15 FCC 
Rcd 303 (1999).

6 See Sitka Broadcasting Co., Inc., 70 FCC 2d 2375, 2378 (1979) 
(``Licensees are expected to know and comply with the 
Commission's [R]ules. . . .'').
 
7 47 C.F.R. §§ 0.111, 0.311, and 1.80.