**CONSENT DECREE**

1\. The Enforcement Bureau of the Federal Communications Commission and
Bronco Broadcasting Co., Inc. ("Bronco") hereby enter into this Consent
Decree for the purpose of terminating a forfeiture proceeding arising
from an investigation of Bronco, for alleged violations of 47 C.F.R. §§
11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12).

# BACKGROUND

2\. On August 4, 2000, FCC field agents from the Enforcement Bureau's
Kansas City Field Office inspected KIRL. This inspection uncovered
violations pertaining to station logs, failure to take field intensity
measurements, operation with excessive field intensity, and failure to
maintain an issues-programs listing. *See* 47 C.F.R. §§11.35(a),
73.61(a), 73.62(b)(3), and 73.3526(e)(12). The station logs documented
Emergency Alert System ("EAS") tests from only one of two required
sources with no explanation as to why the tests were missing. During the
inspection, the station's contract engineer stated that KIRL's nighttime
power needed to be reduced to 55% of authorized power to maintain the
field intensities within authorized limits. However, station KIRL was
maintaining 95% of authorized power and four out of five monitoring
points were found with excessive field intensity. According to the
station office manager, the issues-programs listing was not being
compiled, and no listing was found in the public inspection file. On
August 10, 2000, the Kansas City Field Office issued a Notice of
Violation ("NOV") to Bronco for these violations, with a response due
within ten days. A signed receipt was returned by the U.S. Postal
Service indicating delivery of the NOV on August 12, 2000. The Kansas
City Field Office did not receive a reply to the NOV from the licensee.

3\. On August 31, 2000, Commission staff issued a Notice of Apparent
Liability in the amount of \$15,000 for apparent violations of sections
11.35(a), 73.61(a), 73.62(b)(3), and 73.3526(e)(12) of the Commission's
Rules for failure to make appropriate entries in the broadcast station
log indicating the reasons why EAS tests were not received, for failure
to make field intensity measurements at each designated monitoring point
location on KIRL's nighttime directional array as often as necessary to
maintain compliance with the station authorization, for failure to lower
power or terminate operation when the field intensity exceeded the
maximum authorized field intensity at several monitoring points on
KIRL's nighttime directional array, and for failure to compile a list of
programs that have provided the station's most significant treatment of
community issues each calendar quarter.

**DEFINITIONS**

4\. For the purposes of this Consent Decree, the following definitions
shall apply:

a.  The "Commission" means the Federal Communications Commission.

b.  The "Bureau" means the Enforcement Bureau of the Commission.

c.  "Bronco" means Bronco Broadcasting Co., Inc., licensee of standard
    broadcast station KIRL, St. Charles, Missouri.

d.  The "Order" means the Bureau's order adopting this Consent Decree.

e.  "Enforcement Proceeding" means the investigation of alleged rule
    violations by Bronco culminating in the Notice of Apparent
    Liability.

f.  "Notice of Apparent Liability" means *[Bronco Broadcasting Co.,
    Inc.]{.underline},* NAL/Acct. No. X3256-001 (Enf. Bur., Kansas City
    Office, rel. Aug. 31, 2000).

**AGREEMENT**

5\. Bronco acknowledges and agrees that the Bureau has jurisdiction over
the matters referenced in this Consent Decree and that the Bureau has
the authority to enter into and adopt this Consent Decree.

6\. Bronco and the Bureau agree that this Consent Decree does not
constitute an adjudication of the merits, or any finding on the facts or
law regarding any violations committed by Bronco arising out of the
Enforcement Proceeding, and that it is not to be construed as an
admission of any violation by Bronco.

7\. Bronco and the Bureau agree to the following:

a.  Within thirty (30) days of the release date of the Order, Bronco
    will file an application with the Mass Media Bureau to cancel its
    nighttime license;

b.  Bronco will make a voluntary contribution to the U. S. Treasury by
    paying six (6) equal payments of \$1,000.00 for a total of
    \$6,000.00. The first installment payment will be due thirty (30)
    days after the Order is released, with each of the five (5)
    subsequent payments due in thirty (30) day intervals thereafter.

    8\. Within thirty (30) days of the release date of the Order, Bronco
    will implement a compliance program to ensure that no further
    violation of the Commission's Rules will occur, with particular
    attention to those violations set forth in the Notice of Apparent
    Liability. The Compliance Plan will be administered by Mrs. Virginia
    White, with assistance from Ms. Sharon Walters. The plan is set
    forth in Attachment A hereto.

    9\. Bronco and the Bureau acknowledge and agree that this Consent
    Decree shall constitute a final settlement between them.

    10\. In express reliance upon the covenants and representations
    contained herein, the Bureau agrees to terminate the Enforcement
    Proceeding at such time as both parties sign this Consent Decree.

    11\. Bronco waives any and all rights it may have to seek
    administrative or judicial reconsideration, review, appeal or stay,
    or to otherwise challenge or contest the validity of this Consent
    Decree and the Order adopting this Consent Decree, provided the
    Order adopts the Consent Decree without modification.

    12\. In the event that the Commission or its delegated authority
    find that Bronco violates Sections 11.35(a), 73.61(a), 73.62(b)(3),
    and 73.3526(e)(12) of the Rules subsequent to the release of this
    Consent Decree and Order, Bronco agrees that the Commission or its
    delegated authority may consider the violations documented in the
    Enforcement Proceeding when determining an appropriate sanction.

    13\. Bronco and the Bureau agree that the effectiveness of this
    Consent Decree is expressly contingent upon issuance of the Order,
    provided the Order adopts the Consent Decree without modification.

    14\. Bronco and the Bureau agree that, in the event any court of
    competent jurisdiction renders this Consent Decree invalid, the
    Consent Decree shall become null and void and may not be used in any
    manner in any legal proceeding.

    15\. Bronco and the Bureau agree that, if the Commission, or the
    United States on behalf of the Commission, brings a judicial action
    to enforce the terms of the Order adopting this Consent Decree,
    neither Bronco nor the Commission will contest the validity of the
    Consent Decree or Order, and Bronco will waive any statutory right
    to a trial *de novo* with respect to the matter upon which the Order
    is based, and shall consent to a judgment incorporating the terms of
    this Consent Decree.

    16\. Bronco agrees to waive any claims it may otherwise have under
    the Equal Access to Justice Act, 5 U.S.C. § 504 and 47 C.F.R. §§
    1.1501 *et seq*.

    17\. Bronco agrees that any violation of the Consent Decree or the
    Order adopting this Consent Decree will constitute a separate
    violation of a Commission order, entitling the Commission to
    exercise any rights and remedies attendant to the enforcement of a
    Commission order.

    18\. Any provision of this Consent Decree affected by or
    inconsistent with any subsequent rule or order adopted by the
    Commission will be superseded by such Commission rule or order.

    19\. Bronco and the Bureau agree to be bound by the terms and
    conditions stated in this Consent Decree.

    20\. Bronco and the Bureau agree that the terms and conditions of
    this Consent Decree shall remain in effect for a period of
    twenty-four (24) months, which shall begin on the release date of
    the Order.

    21\. This Consent Decree may be signed in counterparts.

    **FEDERAL COMMUNICATIONS COMMISSION**

    By: Date:

    David H. Solomon

    Chief, Enforcement Bureau

    **BRONCO BROADCASTING CO., INC.**

    By: Date: