**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No. EB-02-KC-587        |
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| Hunt Broadcasting Group, Inc.    | ** | NAL/Acct. No. 200232560026   |
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| Doniphan, Missouri               | *  | FRN 0006-1631-09             |
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**FORFEITURE ORDER**

**Adopted: December 17, 2003 Released: December 19, 2003**

By the Chief, Enforcement Bureau:

# introduction

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of three thousand dollars (\$3,000) to Hunt
    Broadcasting Group, Inc. ("Hunt"), licensee of radio stations
    KPWB(AM) and KPWB-FM, located in Piedmont, Missouri, for willful
    violation of Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a),
    73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12) of the Commission's
    Rules ("Rules").[^1] The noted violations involve Hunt's failure to
    provide an effective locked fence enclosing the base of station
    KPWB(AM)'s antenna, failure to provide transmitter control and
    monitoring capabilities, failure to maintain operational Emergency
    Alert System ("EAS") equipment, and failure to maintain all required
    items in the joint public inspection file for KPWB(AM) and KPWB-FM.

    **II. BACKGROUND**

2.  On September 30, 2002, the Commission's Kansas City, Missouri Office
    ("Kansas City Office") released a *Notice of Apparent Liability for
    Forfeiture* ("*NAL*") to Hunt for a forfeiture in the amount of
    nineteen thousand dollars (\$19,000).[^2] Specifically, the *NAL*
    proposed the following forfeitures for Hunt's apparently willful
    violations of the Rules: Section 73.49 (\$7,000 - failure to provide
    an effective locked fence enclosing the base of station KPWB's AM
    antenna); Sections 73.1350(b)(2) and 73.1350(c) (\$3,000 -- failure
    to provide transmitter control and monitoring capabilities for the
    KPWB-FM transmitter); Section 11.35(a) (\$4,000[^3] -- failure to
    maintain operational Emergency Alert System ("EAS") equipment); and
    Sections 73.3526(e)(5), 73.3526(e)(6), and 73.3526(12) (\$5,000[^4]
    -- failure to maintain all required items in the station's public
    inspection file).

3.  Hunt filed its response to the *NAL* on October 24, 2002. Hunt's
    response essentially admits the violations. However, Hunt explains
    how it has corrected the violations, and seeks cancellation of the
    forfeiture based upon its inability to pay.

#  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"),[^5] Section 1.80 of the Rules,[^6] and *The
    Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines.*[^7] In
    examining Hunt's response, Section 503(b) 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.[^8]

5.  Based on the findings of the *NAL* regarding Hunt's violation of
    Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5),
    73.3526(e)(6), and 73.3526(e)(12) of the Rules and Hunt's response
    thereto, we find that Hunt's violations were willful.[^9] In support
    of its request for cancellation, Hunt points out that it has taken
    all necessary steps to correct the violations and submits federal
    income tax returns for tax years 1999, 2000, and 2001 to demonstrate
    its inability to pay the monetary forfeiture. We note that remedial
    actions taken to correct the violations, while commendable, are not
    mitigating factors.[^10] However, after reviewing the financial
    documentation, we conclude that reduction of the \$19,000 forfeiture
    to \$3,000 is warranted in this case.

    **IV. ORDERING CLAUSES**

6\. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^11]
Hunt Broadcasting Group, Inc. **IS LIABLE FOR A MONETARY FORFEITURE** in
the amount of three thousand dollars (\$3,000) for its violation of
Sections 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a), 73.3526(e)(5),
73.3526(e)(6), and 73.3526(e)(12) of the Rules.

1.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules within 30 days of the release of this
    *Order*. If the forfeiture is not paid within the period specified,
    the case may be referred to the Department of Justice for collection
    pursuant to Section 504(a) of the Act.[^12] Payment may be made by
    mailing a check or similar instrument, payable to the order of the
    Federal Communications Commission, to the Federal Communications
    Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
    payment should reference NAL/Acct. No. 200232560026 and FRN
    0006-1631-09. Requests for full payment under an installment plan
    should be sent to: Chief, Revenue and Receivables Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^13]

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6.  **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to Hunt
    Broadcasting Group, Inc., 204 East Washington, Doniphan, Missouri
    63935.

    FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. §§ 73.49, 73.1350(b)(2), 73.1350(c), 11.35(a),
    73.3526(e)(5), 73.3526(e)(6), and 73.3526(e)(12).

[^2]: *See Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200232560026 (Enf. Bur. Kansas City Office, September 30, 2002).

[^3]: The base forfeiture amount for this violation is \$8,000. The
    District Director of the Kansas City Office applied a 50% downward
    adjustment because the EAS equipment was capable of monitoring one
    of the required two sources.

[^4]: The base forfeiture amount for his violation is \$10,000. The
    District Director of the Kansas City Office applied a 50% downward
    adjustment because station KPWB maintained a portion of the required
    items in the public inspection file.

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. § 1.80.

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^8]: 47 U.S.C. § 503(b)(2)(D).

[^9]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that "\[t\]he term 'willful,' ... means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^10]: *See, e.g., AT&T Wireless Services, Inc.*, 17 FCC Rcd 21866,
    21871 (2002); *Seawest Yacht Brokers*, 9 FCC Rcd 6099 (1994);
    *Station KGVL, Inc.*, 42 FCC 2d 258, 259 (1973).

[^11]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^12]: 47 U.S.C. § 504(a).

[^13]: *See* 47 C.F.R. § 1.1914.