# Before the

# Federal Communications Commission

# Washington, D.C. 20554

+----------------------------------+---+-------------------------------+
| In the Matter of                 | * | File Number EB-05-KC-143      |
|                                  | * |                               |
| 127, Inc.                        | ) | NAL/Acct. No. 200632560002    |
|                                  | * |                               |
| Licensee of Station KLFJ         | * | File Number EB-07-KC-017      |
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| Facility ID# 17137               | * | NOV No. V20073256002          |
|                                  | * |                               |
| Springfield, Missouri            | ) | NAL/Acct No. 200732560001     |
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|                                  | * | FRN 0011407814                |
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# ORDER

**Adopted:** August 16, 2007 **Released:** August 20, 2007

By the Associate Chief, Enforcement Bureau:

1.  In this Order, we adopt the attached Consent Decree entered into
    between the Enforcement Bureau ("Bureau") and 127, Inc. ("127"),
    licensee of station KLFJ, Springfield, Missouri. The Consent Decree
    terminates an investigation by the Bureau against 127 for possible
    violations of Sections 73.1125(a), 73.1745, and 73.3526 of the
    Commission's Rules ("Rules").[^1]

2.  The Bureau and 127 have negotiated the terms of a Consent Decree
    that resolves this matter and terminate the investigation. A copy of
    the Consent Decree is attached hereto and incorporated by reference.

3.  Based on the record before us, and in the absence of material new
    evidence relating to this matter, we conclude that there are no
    substantial or material questions of fact as to whether 127
    possesses the basic qualifications, including those related to
    character, to hold or obtain any Commission license or
    authorization.

4.  After reviewing the terms of the Consent Decree, we find that the
    public interest would be served by adopting the Consent Decree.

5.  Accordingly, **IT IS ORDERED** that, pursuant to Sections 4(i) and
    503(b) of the Communications Act of 1934, as amended,[^2] and the
    authority delegated in Sections 0.111 and 0.311 of the Commission's
    Rules,[^3] the Consent Decree attached to this Order **IS ADOPTED**.

6.  **IT IS FURTHER ORDERED** that the Bureau's investigation in this
    proceeding **IS TERMINATED**.

7.  **IT IS FURTHER ORDERED** that 127, Inc. shall make its voluntary
    contribution to the United States Treasury, as specified in the
    Consent Decree, by mailing a check or similar instrument, payable to
    the order of the Federal Communications Commission, P.O.
    Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail
    may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
    1540670, Pittsburgh, PA 15251.   Payment by wire transfer may be
    made to ABA Number 043000261, receiving bank Mellon Bank, and
    account number 911-6106. The payment, regardless of how sent, must
    include the FRN No. referenced above.

8.  **IT IS FURTHER ORDERED** that a copy of this Order and Consent
    Decree shall be sent by first class mail and certified mail, return
    receipt requested, to counsel for 127, Inc., David S. Akers, 430C
    State Highway 165 South Branson, MO 65616 and to 127, Inc. at its
    address of record.

    FEDERAL COMMUNICATIONS COMMISSION

George R. Dillon

Associate Chief, Enforcement Bureau

**CONSENT DECREE**

The Enforcement Bureau of the Federal Communications Commission
("Bureau") and 127, Inc. ("127") hereby enter into this Consent Decree
regarding possible violations of the Commission's Rules ("Rules"),
concerning 127's operation of Station KLFJ.

**Background**

1.  On March 3, 2006, the Commission's Kansas City Office of the
    Enforcement Bureau ("Kansas City Office") issued to 127 a Notice of
    Apparent Liability for Forfeiture proposing a forfeiture in the
    amount of \$21,000 for the apparent willful and repeated violation
    of Sections 73.1125(a) and 73.1745 of the Rules, and the apparent
    willful violation of Section 73.3526(a) of the Rules.[^4] On
    September 6, 2006, the Enforcement Bureau issued to 127 a Forfeiture
    Order and reduced the forfeiture amount from \$21,000 to \$16,800,
    based on 127, Inc.'s history of compliance with the Rules.[^5] On
    February 28, 2007, the Enforcement Bureau denied the petition for
    reconsideration filed by 127, Inc. of the Forfeiture Order.[^6]

2.  On March 7, 2007, the Kansas City Office issued to 127 another
    Notice of Apparent Liability for Forfeiture proposing a forfeiture
    in the amount of \$8,000 for the apparent willful and repeated
    violation of Section 73.1745(a) of the Rules.[^7]

3.  On March 21, 2007, the Kansas City Office issued to 127 a Notice of
    Violation for violations of Sections 11.35(a), 73.1125(d)(1),
    73.1201(a)(2), 73.44(b), 73.1560, and 73.3615(a) of the Rules.[^8]

4.  127 and the Bureau acknowledge that any proceeding that might result
    from the Investigation will require the significant expenditure of
    public and private resources. To conserve such resources and to
    promote compliance by 127 with the Act and the Rules, 127 and the
    Bureau hereby enter into this Consent Decree in consideration of the
    mutual commitments made herein.

    **Definitions**

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

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(a) "Adopting Order" means the order of the Enforcement Bureau adopting
    this Consent Decree;

(b) "Act" means the Communications Act of 1934, as amended, Title 47 of
    the United States Code;

(c) "Bureau" means the Enforcement Bureau of the Federal Communications
    Commission;

(d) "Commission" means the Federal Communications Commission;

(e) "Final Order" means the Adopting Order that is no longer subject to
    administrative or judicial reconsideration, review, appeal, or stay;

(f) "Investigation" means the forfeiture proceeding regarding NAL/Acct.
    No. 200632560002 and the investigations regarding NAL/Acct. No.
    200732560001 and NOV No. V20073256002.

(g) "Rules" means the Commission's regulations set forth in Title 47 of
    the Code of Federal Regulations;

(h) "127" means 127, Inc.; and

(i) "Station" means KLFJ, Springfield, Missouri.

## *Terms of Settlement*

6.  127 agrees that the Commission 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.

7.  127 and the Bureau agree that this Consent Decree does not
    constitute either an adjudication on the merits or a factual or
    legal finding or determination, regarding the matters discussed in
    Paragraphs Two and Three above. 127 and the Bureau agree that this
    Consent Decree is for settlement purposes only.

8.  127 and the Bureau agree that this Consent Decree shall constitute a
    final settlement between them as to the matters discussed in
    Paragraphs One through Three above. In consideration for termination
    of the Investigation and in accordance with the terms of this
    Consent Decree, 127 agrees to the terms set forth herein.

9.  In express reliance on the covenants and representations in this
    Consent Decree, the Bureau shall terminate the Investigation. From
    and after the release of the Adopting Order (the "Effective Date"),
    in the absence of material new evidence, the Bureau shall not
    initiate or recommend to the Commission any new proceeding, informal
    or formal, regarding the matters that were the subject of the
    Investigation. Nothing in this Consent Decree will prevent the
    Bureau from instituting or recommending to the Commission any new
    investigation or enforcement proceeding against 127 in the event of
    any alleged future misconduct involving violation of this Consent
    Decree, or violation of the Act or the Rules.

10. 127 admits, solely for the purpose of this Consent Decree and for
    FCC civil enforcement purposes, and in express reliance on the
    provisions of Paragraph Nine hereof, that 127 operated the Station
    in violation of the Rules as described in NAL/Acct. No.
    200632560002, NAL/Acct. No. 200732560001 and NOV No. V20073256002.
    Notwithstanding any other provision of this Consent Decree, it is
    expressly agreed and understood that if this Consent Decree, or
    Paragraph Nine hereof, or both, are breached by the Bureau, or are
    invalidated or modified to 127's prejudice by the Commission or by
    any court, then and in that event the provisions of the
    immediately-preceding sentence shall be of no force or effect
    whatever, and 127 shall not, by virtue of that sentence or any other
    provision of this Consent Decree, be deemed to have made any
    admission concerning the Investigation.

11. 127 agrees that as of the release of the Adopting Order:

> i\. It has installed a new BE transmitter at the Station, and the
> station will operate at 28 watts during nighttime hours.
>
> ii\. At least two full time employees, currently Shelly O'Brien and
> Patricia Pugh, have been hired to manage and operate the Station.
> These employees have been given instructions on maintenance of the
> public file and required weekly and monthly testing requirements for
> the station equipment.
>
> iii\. It has notified the Commission's Media Bureau of the relocation
> of the main studio to 225 E. Primrose, Springfield, MO 65807.
>
> iv\. All regular programming has been edited to insure at least hourly
> broadcast station identification, and all future programming shall
> contain at least hourly identification.
>
> v\. The Station's studio engineer, currently Bob Moore, has
> successfully repaired the transmitter so that there are no spurious
> emissions in violation of Section 73.44(b) of the Rules and shall
> maintain the transmitter by regular inspections.
>
> vi\. Prior to or contemporaneously with this Decree, an updated
> Ownership Report will be filed with the FCC on Form 323 and an
> Ownership Report shall be filed on behalf of the Station every two
> years thereafter the date its renewal application was required to be
> filed.

vii\. Copies of all violations and correspondence from the Commission
shall be place in the Station's public file.

> viii\. The Station's public inspection file has been complete as of
> July 13, 2007 and is accessible during all business hours.

ix. A fully operational studio capable of original transmission has been
    set up at the Springfield main studio.

x.  Once each year in 2007, 2008 and 2009, 127 shall conduct a
    self-inspection of the Station, using the FCC Broadcast Inspection
    Checklist, and submit a certification of compliance with the
    checklist items to the Kansas City Office.

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12. 127 shall make a voluntary contribution to the United States
    Treasury in the amount of eighteen thousand four hundred and fifty
    dollars (\$18,450) within 10 days after the Adopting Order becomes a
    Final Order. Such payment will be made without further protest or
    recourse, by check or similar instrument, payable to the order of
    the Federal Communications Commission. Such payment will include the
    FRN No. referenced in the Adopting Order. Such payment by check or
    money order may be mailed to Federal Communications Commission, P.O.
    Box 358340, Pittsburgh, PA 15251-8340. Such payment by overnight
    mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room
    1540670, Pittsburgh, PA 15251. Such payment by wire transfer may be
    made to ABA Number 043000261, receiving bank Mellon Bank, and
    account number 9116229.

13. 127 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
    Adopting Order, provided the Order adopts the Consent Decree without
    modification.

14. The effectiveness of this Consent Decree is expressly contingent
    upon issuance of the Adopting Order, provided the Adopting Order
    adopts the Consent Decree without modification.

15. 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.

16. If the Commission, or the United States on behalf of the Commission,
    brings a judicial action to enforce the terms of the Adopting Order,
    neither 127 nor the Commission will contest the validity of the
    Consent Decree or Adopting Order, and 127 will waive any statutory
    right to a trial *de novo*.

17. 127 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*.

18. Any violation of the Consent Decree, including but not limited to a
    failure to make a payment required by Paragraph 12 hereof, or the
    Adopting Order 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.

19. 127 and the Bureau agree to be bound by the terms and conditions
    stated herein.

20. This Consent Decree may be signed in counterparts.

**ENFORCEMENT BUREAU**

### FEDERAL COMMUNICATIONS COMMISSION

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

George R. Dillon Date

Associate Chief

### 127, Inc.

### 

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

Charles J. Perme Date

President

## 

[^1]: 47 C.F.R. §§ 73.1125(a), 73.1745, 73.3526.

[^2]: 47 U.S.C. §§ 4(i) and 503(b).

[^3]: 47 C.F.R. §§ 0.111 and 0.311.

[^4]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200632560002 (Enf. Bur., South Central Region, Kansas City Office,
    released March 3, 2006).

[^5]: *127, Inc.*, Forfeiture Order, 21 FCC Rcd 10003 (2006)
    ("*Forfeiture Order*").

[^6]: *127, Inc.*, Memorandum, Opinion and Order, DA 07-811 (Enf. Bur.
    rel. Feb. 28, 2007).

[^7]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200732560001 (Enf. Bur., South Central Region, Kansas City Office,
    released March 7, 2007).

[^8]: *Notice of Violation*, NOV No. V20073256002 (Enf. Bur. South
    Central Region, Kansas City Office, released March 21, 2007).