Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | File No. 99030159            |
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| **WS COMMUNICATIONS, L.L.C.**    | ) | NAL/Acct. No. X32080007      |
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| Licensee of Station KWGL(FM)     | * | JJS                          |
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| Ouray, Colorado                  | * |                              |
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[NOTICE OF APPARENT LIABILITY FOR FORFEITURE]{.underline}

**Adopted: March 15, 2000 Released: March 16, 2000**

By the Chief, Enforcement Bureau:

# Introduction

1.  In this Notice of Apparent Liability for Forfeiture, we find that WS
    Communications, L.L.C. ("WS"), licensee of station KWGL(FM), Ouray,
    Colorado, apparently violated Section 73.3526 of the Commission's
    rules, 47 C.F.R. § 73.3526, by not maintaining a public inspection
    file from February 1999 through August 1999. We also find that WS
    violated the former version of the same rule from December 1997
    through October 1998 by failing to keep its public inspection file
    in its community of license. We conclude that WS is apparently
    liable for a ten thousand dollar (\$10,000) forfeiture.

# Background

2.  On February 26, 1999, the Mass Media Bureau received a complaint
    alleging that WS and Western Slope Communications, L.L.C. ("Western
    Slope"), a commonly-owned limited-liability company and the licensee
    of KZKS(FM), Rifle, Colorado, were not in compliance with the
    Commission's main studio and public inspection file
    requirements.[^1] As a result of that complaint, the Commission sent
    WS and Western Slope a letter of inquiry on August 3, 1999.

3.  WS and Western Slope responded to the Commission's letter of inquiry
    on September 16, 1999. With respect to KWGL(FM), WS stated that from
    the time it acquired the station in April 1995 until February 1999,
    the public inspection file was maintained at its main studio in
    Ridgway, Colorado. From February 1999, when WS moved its main
    studio, through August 1999, WS did not maintain a public inspection
    file for KWGL(FM) at any location. In August 1999, WS established
    the public inspection file at the Ouray Public Library in Ouray,
    Colorado. In September 1999, WS also established its public
    inspection file at its current main studio location in Montrose,
    Colorado.

4.  WS states that it has taken steps to avoid future violations of the
    Commission's public inspection file rule by replacing the station's
    General Manager with a new Station Manager, "who is aware of the
    Commission's public file requirements and is committed to fully
    complying with those requirements."

# Discussion

5.  Section 73.3526(a) of the Commission's rules, 47 C.F.R. §
    73.3526(a), requires all licensees of commercial broadcast stations
    to maintain a public inspection file containing certain designated
    information. Section 73.3526(b) of the Commission's rules, 47 C.F.R.
    § 73.3526(b), currently requires that the public inspection file be
    maintained at the main studio. This requirement became effective on
    October 30, 1998. *See* 63 Fed. Reg. 56578 (October 22, 1998). Prior
    to October 30, 1998, a station whose main studio was located outside
    the community of license was required, with one exception not
    pertinent here, to maintain its public inspection file at an
    accessible location in its community of license. *See* former
    Section 73.3526(d) of the Commission's rules, 47 C.F.R. § 73.3526(d)
    (1997).

6.  WS violated the current rule from February 1999, when it ceased
    maintaining a public inspection file, until September 1999, when it
    reestablished the public inspection file at its main studio in
    Montrose. We note that while the file was placed in Ouray in August
    1999, that file was not established in the proper location. WS also
    violated the former version of the rule from the time it acquired
    the station in April 1995 until the rule was changed on October 30,
    1998 because it did not keep the public inspection file in the
    community of license. For this violation, we will assess a
    forfeiture only for the period from December 11, 1997 until October
    30, 1998 because WS' application for renewal of license was granted
    on December 11, 1997,[^2] and a forfeiture for violations prior to
    that time is barred by the statute of limitations. *See* 47 U.S.C. §
    503(b)(6)(A).

7.  Section 503(b) of the Communications Act, 47 U.S.C. § 503(b) and
    Section 1.80(a) of the Commission's rules, 47 C.F.R. § 1.80(a), each
    state that any person who willfully or repeatedly fails to comply
    with the provisions of the Communications Act or the Commission's
    rules shall be liable for a forfeiture penalty. For purposes of
    Section 503(b) of the Communications Act, the term "willful" means
    that the violator knew it was taking the action in question,
    irrespective of any intent to violate the Commission's rules. *See
    Southern California Broadcasting Co.*, 6 FCC Rcd 4387, 4387-4388
    (1991). Furthermore, a continuing violation is "repeated" if it
    lasts more than one day. *Id.*, 6 FCC Rcd at 4388.

8.  The Commission's Forfeiture Policy Statement sets a base forfeiture
    amount of \$10,000 for public file violations. *The Commission's
    Forfeiture Policy Statement and Amendment of Section 1.80 of the
    Commission's Rules*, 12 FCC Rcd 17087, 17113 (1997), *recon. denied*
    FCC 99-407 (released December 28, 1999). In this case, the existence
    of multiple violations, the duration of the violations, and WS's
    total failure to maintain a public inspection file for a six-month
    period are aggravating factors. On the other hand, we note that,
    during the earlier violation, WS maintained a public inspection file
    (although at the wrong location). While WS has replaced personnel in
    order to prevent future violations, those remedial efforts do not
    excuse prior violations. *See* *Sonderling Broadcasting Corp.*, 69
    FCC 2d 289, 291 (Broadcast Bureau 1977), *citing Executive
    Broadcasting Corp*., 3 FCC 2d 699 (1966). Considering the records as
    a whole, we believe that a \$10,000 forfeiture is appropriate for
    the violations in this case.

# Ordering clauses

9.  ACCORDINGLY, IT IS ORDERED pursuant to Section 503(b) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 503(b), and
    Sections 0.111, 0.311 and 1.80 of the Commission's rules, 47 C.F.R.
    §§ 0.111, 0.311 and 1.80, that WS Communications, L.L.C. is hereby
    NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of
    ten thousand dollars (\$10,000) for willfully and repeatedly
    violating Section 73.3526 of the Commission's rules, 47 C.F.R. §
    73.3526.

10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
    rules, that within thirty days of the release of this Notice, WS
    SHALL PAY to the United States the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

11. Payment of the forfeiture may be made by credit card through the
    Commission\'s Credit and Debt Management Center at (202) 418-1995 or
    by mailing a check or similar instrument, payable to the order of
    the Federal Communications Commission, to the Forfeiture Collection
    Section, Finance Branch, Federal Communications Commission, P.O. Box
    73482, Chicago, Illinois 60673-7482. The payment should note the
    NAL/Acct. No. referenced above.

12. The response, if any, must be mailed to Charles W. Kelley, Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, 445 12^th^ Street, S.W, Room 3-B443,
    Washington DC 20554 and MUST INCLUDE the file number listed above.

13. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the petitioner
    submits: (1) federal tax returns for the most recent three-year
    period; (2) financial statements prepared according to generally
    accepted accounting practices ("GAAP"); or (3) some other reliable
    and objective documentation that accurately reflects the
    petitioner's current financial status. Any claim of inability to pay
    must specifically identify the basis for the claim by reference to
    the financial documentation submitted.

14. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief, Credit
    and Debt Management Center, 445 12th Street, S.W., Washington,
    D.C. 20554. *See* 47 C.F.R. § 1.1914.

15. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by
    Certified Mail/Return Receipt Requested, to WS Communications,
    L.L.C., c/o Brill & Meisel, 488 Madison Avenue, Suite 500, New York,
    New York 10022, and to WS' counsel, Tom W. Davidson, Esq., Akin,
    Gump, Strauss, Hauer & Feld, L.L.P., 1333 New Hampshire Avenue,
    N.W., Washington, DC 20036.

    FEDERAL COMMUNICATIONS COMMISSION

    David H. Solomon

    Chief, Enforcement Bureau

[^1]: At the time of the complaint, the call sign of WS's station was
    KURA(FM). The call sign of the station was changed to KWGL on March
    1, 1999. For ease of reference, we will use the current call letters
    when referring to the station. The remaining allegations in the
    complaint will be addressed separately.

[^2]: *See* Broadcast Actions, Report No. 44139 (released December 11,
    1997) (File No. BRH-19961202Q1).