**CONSENT DECREE**

XLVIII. **INTRODUCTION**

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1.  The Enforcement Bureau ("the Bureau") of the Federal Communications
    Commission (the "FCC" or "Commission") and Western Slope
    Communications, LLC, ("Western Slope") owner of antenna structure
    number 1023390, near Rifle, Colorado, by their authorized
    representatives, hereby enter into this Consent Decree for the
    purpose of terminating an enforcement proceeding relating to whether
    Western Slope violated Section 303(q) of the Communications Act of
    1934, as amended, (\"Act\"),[^1] and Sections 17.51(a), 17.47(a),
    17.48, and 17.57 of the Commission\'s Rules (\"Rules\").[^2]

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I.  **DEFINITIONS**

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

    f.  "Act" means the Communications Act of 1934, as amended, Title 47
        of the United States Code.

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    a.  "Adopting Order" means an order of the Bureau adopting the terms
        and conditions of this Consent Decree.

    b.  "Bureau" means the Commission's Enforcement Bureau.

    c.  "Commission" or "FCC" means the Federal Communications

Commission.

d.  "Effective Date" means the date the Adopting Order is released by
    the Bureau.

e.  "Enforcement Proceeding" means the FCC investigation into the
    alleged Rule and Act violation by Western Slope culminating in the
    *Notice of Apparent Liability for Forfeiture*.

f.  "*Forfeiture Order*" means the order released by the Western Region
    of the Enforcement Bureau, assessing a \$13,000 forfeiture to
    Western Slope: *Western Slope Communications, LLC, Forfeiture
    Order,* 23 FCC Rcd 8384 (EB 2008).

g.  "*Notice of Apparent Liability for Forfeiture*" or "*NAL*" means
    *Western Slope Communications, LLC,* Notice of Apparent Liability
    for Forfeiture, NAL/Acct. No. 200832800001 (Enf. Bur., Western
    Region, Denver Office, released December 7, 2007).

h.  "Parties" means Western Slope and the Bureau.

i.  "*Petition for Reconsideration*" means the petition for
    reconsideration filed by Western Slope on June 30, 2008, concerning
    the Western Region's *Forfeiture Order*.

j.  "Rules" means the Commission's Rules found in Title 47 of the Code
    of Federal Regulations.

k.  "Western Slope" means Western Slope Communications, LLC, its
    subsidiaries, affiliates, and any successors or assigns.

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I.  **BACKGROUND**

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3.  Antenna structure number 1023390 is an antenna tower of 84.0 meters
    (275.6 feet) in height above ground. According to the antenna
    structure registration (\"ASR\") for antenna structure number
    1023390, the structure is required to be painted and lit in
    accordance with specific Chapters of the FAA Advisory Circular for
    Obstruction Marking and Lighting.[^3] Specifically, the structure is
    required to be painted,[^4] and have, at its top, a flashing beacon
    equipped with two lamps and red filters, along with at least two
    lamps enclosed in red obstruction light globes[^5] located on a
    level at approximately one-half the overall height of the tower.[^6]
    The lights on antenna structure number 1023390 are required to burn
    continuously or be controlled by a light sensitive device.[^7]

4.  On April 23, 2007, at 6:39 p.m., an email was received by the
    Enforcement Bureau\'s Denver office from a police officer with the
    city of Rifle, Colorado. The email stated that there was a concerned
    citizen in Rifle, Colorado, who had observed a 400 foot tower near
    the citizen\'s home with the top beacon \"out for the last two
    weeks.\" A Denver agent determined the antenna structure to have
    registration number 1023390, registered to David L. Johnson
    (\"Johnson\").

5.  On April 24, 2007, the Denver agent contacted the Federal Aviation
    Administration (\"FAA\") Flight Service Station to determine if the
    tower light outage had been reported. The FAA reported that they had
    not received any information concerning a tower light outage and
    advised that a Notice to Airmen (\"NOTAM\") would be issued
    concerning the reported tower light outage for antenna structure
    number 1023390. The FAA Flight Service Station then issued NOTAM
    number RIL 04/011.

6.  On May 9, 2007 the FCC agent contacted the Rifle Police Department
    about their observations of the tower lights associated with antenna
    registration number 1023390. An officer contacted the Denver agent
    and reported that he had received information indicating that the
    \"top beacon was still out.\" The Denver agent later confirmed that
    the outage was observed, by a Rifle officer, during the night of May
    5, 2007.

7.  On May 9, 2007, at approximately 8:25 a.m., MDT, the Denver agent
    again reported the tower outage to the FAA. The FAA promptly issued
    a NOTAM for antenna structure number 1023390, assigning it reference
    number RIL 05/004. No other NOTAM had been issued since the Denver
    agent first called to report the tower light outage on April 24,
    2007.

8.  On May 15, 2007, Denver agents made several observations of the
    tower structure with registration number 1023390. At approximately
    9:00 p.m., MDT, they observed that all of the tower\'s obstruction
    lighting, top beacon and side lights, had failed.[^8]

9.  On May 16, 2007, Denver agents went to the main studio of KRGS, an
    AM station broadcasting from antenna structure number 1023390, at
    751 Horizon Court, Suite 200, Grand Junction, Colorado, to examine
    any records concerning tower light outages.[^9] Agents conducted a
    review of KRGS(AM)\'s station records with the general manager and
    contract engineer. The general manager provided the KRGS(AM) tower
    light logs for inspection. The last entry was from November
    20, 2006. The agents found no entries in the logs concerning any
    tower outages for the month of April 2007 up to the day of their
    visit on May 16, 2007. The general manager said that he was not
    aware of any lighting problems at the tower site prior to the
    agents\' inspection.

10. Still on the afternoon of May 16, 2007, Denver agents drove to the
    tower site in Rifle, Colorado, and met with the KRGS(AM) general
    manager and contract engineer. When the remote automatic tower light
    indicator system was checked, it reported no current for the tower
    light system while at the transmitter site. Apparently, this remote
    system, designed to register any tower lighting failures, had not
    been notifying Western Slope. The contract engineer determined the
    comprehensive lighting outage to be a result of a faulty A/C neutral
    wire. While agents were on-site, the contract engineer repaired the
    damaged wire. When the contract engineer covered the photocell, all
    of the lights, top beacon and mid-level side lights, were observed
    by the agents to be working properly. Finally, the contract
    engineer\'s maintenance logs, found at the transmitter site, showed
    the last entry reflecting an on-scene tower light inspection by him
    as being conducted on August 1, 2006.

11. On November 14, 2007, further investigation by the Denver Office
    revealed that Johnson was not the current owner of antenna structure
    number 1023390, despite the fact that Johnson was listed as the
    owner in the Commission\'s ASR database. Johnson was the former
    general manager for KRGS(AM) and was no longer associated with the
    station. A Denver agent contacted the KRGS(AM) general manager to
    determine the current tower owner.

12. On November 16, 2007, the regional manager for Western Slope
    contacted the Denver agent and informed him that Western Slope
    Communications had purchased the land and antenna structure number
    1023390 from Johnson in 1996.

13. On November 20, 2007, the Denver agent queried the FCC\'s ASR
    database, finding that a change in ownership had been completed. The
    data found for antenna structure registration number 1023390
    reflected the owner to be Western Slope Communications, LLC. The
    reference copy of the \"FCC Application for Antenna Structure
    Registration\" (FCC 854 Main Form), file number A0569481, showed
    that an application was made on November 19, 2007, to change the
    ownership.

14. On December 7, 2007, the Enforcement Bureau's Denver Office issued
    *a Notice of Apparent Liability for Forfeiture* ("*NAL*") in the
    amount of \$13,000 to Western Slope, finding that Western Slope
    apparently repeatedly violated Section 303(q) of the Act and Section
    17.51(a) of the Rules by failing to exhibit the structure\'s red
    obstruction lighting from sunset to sunrise; and by failing to make
    observations of the antenna structure\'s lights at least once each
    24 hours either visually or by observing an automatic properly
    maintained indicator designed to register any failure of such
    lights, a violation of Section 17.47(a) of the Rules. The Denver
    Office found that Western Slope\'s failure to make the required
    observations of the lighting on the antenna structure resulted in
    its failure to notify the nearest Flight Service Station of the
    Federal Aviation Administration (\"FAA\") of the outage of the
    flashing obstruction lights, a violation of Section 17.48 of the
    Rules. The Denver Office also found that Western Slope apparently
    repeatedly failed to immediately notify the Commission of a change
    in ownership information for antenna structure number 1023390, a
    violation of section 17.57 of the Rules. Western Slope filed a
    response to the *NAL* on January 7, 2008 ("*Response*"). On May 30,
    2008, after reviewing Western Slope's *Response*, the Western
    Region, Enforcement Bureau, released the *Forfeiture Order*, and
    imposed a \$13,000 forfeiture on Western Slope for its repeated
    violation of Section 303(q) of the Act and sections 17.51, 17.47(a),
    17.48 and 17.57 of the Rules. On June 30, 2008, Western Slope filed
    a petition for reconsideration of the *Forfeiture Order*.

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I.  **TERMS OF SETTLEMENT**

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15. The Parties agree that the provisions of this Consent Decree shall
    be subject to final approval by the Bureau by incorporation of such
    provisions by reference in the Adopting Order.

16. The Parties agree that this Consent Decree shall not constitute an
    adjudication on the merits or a factual or legal determination
    regarding any compliance or noncompliance with the Act or the Rules.
    The Parties further agree that this Consent Decree is for settlement
    purposes only and that by agreeing to this Consent Decree, Western
    Slope does not admit or deny any noncompliance, violation, or
    liability associated with or arising from its acts or omissions
    involving the Rules that are the subject of this Consent Decree.

17. The Parties agree that this Consent Decree shall become binding on
    the Parties on the Effective Date. Upon release, the Adopting Order
    and this Consent Decree shall have the same force and effect as any
    other final order of the Commission and any violation of the terms
    or conditions of this Consent Decree shall constitute a violation of
    a Commission order entitling the Commission to exercise any rights
    and remedies attendant to the enforcement of a Commission order.

18. The Parties acknowledge and agree that this Consent Decree shall
    constitute a final and binding settlement between Western Slope and
    the Bureau regarding possible violations of the Rules and the Act
    with respect to the registration and the painting and lighting
    exhibited on antenna structure number 1023390 prior to the Effective
    Date of this Consent decree. In express reliance on the covenants
    and representations contained herein, and in order to avoid the
    potential expenditure of additional public resources, the Bureau
    agrees to terminate the Enforcement Proceeding and cancel the
    *Forfeiture Order*.

19. In consideration for the termination by the Bureau of the
    Enforcement Proceeding and in accordance with the terms of this
    Consent Decree, Western Slope agrees to the terms, conditions and
    procedures contained herein, and agrees to withdraw the *Petition
    for Reconsideration* within 30 calendar days of the Effective Date.

20. Western Slope acknowledges that the Bureau has jurisdiction over it
    and the matters contained in this Consent Decree and the authority
    to enter into and adopt this Consent Decree.

21. Western Slope agrees to make a voluntary contribution to the United
    States Treasury in the amount of six thousand, five hundred, dollars
    (\$6,500) within 30 calendar days after the Effective Date. The
    payment must be made by check or similar instrument, payable to the
    order of the Federal Communications Commission. The payment must
    include the NAL/Account Number and FRN Number referenced in the
    caption to the Order. Payment by check or money order may be mailed
    to Federal Communications Commission, P.O. Box 979088, St. Louis, MO
    63197-9000. Payment by overnight mail may be sent to U.S. Bank --
    Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
    Louis, MO 63101. Payment by wire transfer may be made to ABA Number
    021030004, receiving bank TREAS/NYC, and account number 27000001.
    For payment by credit card, an FCC Form 159 (Remittance Advice) must
    be submitted.  When completing the FCC Form 159, enter the
    NAL/Account number in block number 23A (call sign/other ID), and
    enter the letters "FORF" in block number 24A (payment type code).
    Western Slope shall also send electronic notification on the date
    said payment is made to WR-Response@fcc.gov.

22. Western Slope also agrees that, as of the Effective Date, the
    following Compliance Plan will be put into place:

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a.  Western Slope shall install an automatic outage monitoring system to
    detect light outages and malfunctions on antenna structure number
    1023390, which will be checked monthly to confirm that it is
    operating properly.

b.  An employee or agent of Western Slope will make a daily visual
    observation of the automatic outage monitoring system, referenced in
    paragraph 22(a), above,

c.  Western Slope management will perform a monthly review of the outage
    log for antenna structure number 1023390.

d.  Western Slope will provide a contact telephone number to local
    police for emergency contact purposes.

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23. The Bureau agrees that, in the absence of new material evidence, it
    will not entertain, or institute on its own motion, any new
    proceeding, formal or informal, or take any action on its own motion
    against Western Slope for any alleged violation of the Act or the
    Rules regarding the matters that were the subject of the Enforcement
    Proceeding. The Bureau also agrees that, in the absence of new
    material evidence, it will not initiate or recommend to the
    Commission any new proceeding, formal or informal, against Western
    Slope regarding the matters that were the subject of the Enforcement
    Proceeding. The Bureau further agrees that, in the absence of new
    material evidence, it will not use the facts developed in the
    Enforcement Proceeding through the Effective Date to initiate on its
    own motion, or recommend to the Commission any new proceeding,
    formal or informal, or take any action on its own motion against
    Western Slope with respect to Western Slope's basic qualifications
    to hold Commission licenses or authorizations. Nothing in this
    Consent Decree shall prevent the Commission from instituting
    investigations or enforcement proceedings against Western Slope in
    the event of any other alleged misconduct that violates this Consent
    Decree or which violates any provision of the Act or the Rules.

24. The Parties agree that each is required to comply with each
    individual condition of this Consent Decree. Each specific condition
    is a separate condition of the Consent Decree as approved. To the
    extent that Western Slope fails to satisfy any condition, in the
    absence of Commission alteration of the condition, it will be deemed
    noncompliant and may be subject to possible future enforcement
    action with respect to such failure to satisfy the condition.

25. The Parties agree that any provision of this Consent Decree which
    conflicts with any subsequent rule, order of general applicability
    or other decision of general applicability adopted by the Commission
    will be superseded by such Commission rule, order or other decision.

26. Western Slope's decision to enter into this Consent Decree is
    expressly contingent upon the Bureau's issuance of an Adopting Order
    that is consistent with this Consent Decree, and which adopts the
    Consent Decree without change, addition, modification, or deletion.

27. The Parties waive 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 Adopting Order, provided that the Adopting Order
    adopts the Consent Decree without change, addition, or modification.

28. The Parties agree that if any court of competent jurisdiction
    renders this Consent Decree invalid, it shall become null and void
    and may not be used in any manner in any legal proceeding.

29. The Parties agree that if either party (or the United States on
    behalf of the Commission) brings a judicial action to enforce the
    terms of the Adopting Order, neither Western Slope nor the
    Commission shall contest the validity of the Consent Decree or the
    Adopting Order, and Western Slope and the Commission shall waive any
    statutory right to a trial *de novo* with respect to any matter upon
    which the Adopting Order is based, and shall consent to a judgment
    incorporating the terms of the Consent Decree.

21\. Western Slope agrees to waive any claims it may otherwise have
under the Equal Access to Justice Act, Title 5 U.S.C. § 504 and 47
C.F.R. § 1.1501 *et seq*., relating to matters discussed in this Consent
Decree.

22\. This Consent Decree cannot be modified without the advance written
consent of

both Parties.

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

**For the Enforcement Bureau:**

By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> George R. Dillon, Deputy Chief Date

**For Western Slope Communications, LLC:**

By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Allen H. Brill, Manager Date

[^1]: 47 U.S.C. § 303(q).

[^2]: 47 C.F.R. §§ 17.47(a), 17.48, 17.51(a), 17.57.

[^3]: FAA Circular Number 70/7460-1J, Chapters 3, 4, 5 and 13.

[^4]: FAA Circular Number 70/7460-1J, Chapters 3 and 13.

[^5]: FAA Circular Number 70/7460-1J, Chapters 4, 5 and 13.

[^6]: FAA Circular Number 70/7460-1J, Appendix 1, Figure 11.

[^7]: FAA Circular Number 70/7460-1J, Chapters 5 and 13.

[^8]: According to the U.S. Naval Observatory, sunset in Rifle,
    Colorado, occurred at 8:18 p.m., MDT, on May 15, 2007.

[^9]: Western Slope is the licensee of KRGS(AM), Rifle, Colorado.