WPC:+ 2BJZ Courier3|a ix6X@`7X@HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSx  @\'&ilX@26%F ZkK3|a Times New RomanTimes New Roman BoldHP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSC\  P6Q\'&ilP"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\ S-#&J\  P6Q&P#"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2K Z KQv"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7y.X80,X\  P6G;P2a=5,&a\  P6G;&P2e=5,&e4  pG;&7jC:,9Xj\  P6G;XPP:% ,J:\  P6G;JPH5!,i,5\  P6G;,P\D\\\\\\\\"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d"" S'  #&J\  P6Q&P#Federal Communications Commission`}(#cDA 991273 ă   yx}dddy([Federal Communications Commission HAWashington, D.C. 20554  `(#S#&J\  P6Q&P# In reply refer to: ` `  hhCqpp  *xxX1800C1KMS ` `  hhCqpp  *xxX980050292 ` `  `June 29, 1999  S'`(#  Released: June 30, 1999 ă  S 'CERTIFIED MAIL RETURN RECEIPT REQUESTEDpp  *  Si '#Xj\  P6G;9XP##&J\  P6Q&P#   KXOJ, Inc.   P.O. Box 1250 Sapulpa, Oklahoma 74067 ` `  hhCRe: Station KEOJ(FM), Caney, KS,  Sy'` `  hhC Station KEMX(FM), Locust Grove, OKxxX  Dear Licensee:   ` `   "yFor the reasons discussed herein, this letter constitutes a NOTICE OF APPARENT LIABILITY  x7FOR A FORFEITURE pursuant to Section 503(b) of the Communications Act of 1934, as amended, (the  x"Act"), for violations of Sections 73.1125 (station main studio and location) and 73.1201 (station  xidentification) of the Commission's Rules. The Chief, Mass Media Bureau, takes this action pursuant to authority delegated him under Section 0.283(c)(3) of the Commission's Rules.  "NBy letters dated June 30, 1998, August 17, 1998, and September 30, 1998, we inquired into  xallegations that KXOJ, Inc., licensee of the abovecaptioned stations, violated: (1) Section 73.1125(a) of  x*the Commission's Rules by failing to maintain Station KEOJ(FM)'s and Station KEMX(FM)'s main studio  xwithin their respective principal community contours; (2) Section 73.1125(c) of the Commission's Rules  x@by failing to maintain a local telephone listing in either Caney, Kansas or Locust Grove, Oklahoma, for  xRthe stations' tollfree numbers; (3) and Section 73.1201 of the Commission's Rules by inserting  x3impermissible information between Station KEOJ(FM)'s call letters and its community of license in its  xofficial identifications. You responded on August 31, 1998, and October 12, 1998. We have reviewed the allegations and your response, and on this basis, conclude as follows.  S1!' "Main Studio. A field inspection and subsequent inquiries revealed that you apparently violated  xcthe Commission's main studio rule by locating Station KEOJ(FM)'s and Station KEMX(FM)'s main  x/studios outside their respective principal community contours, without first obtaining Commission  xDauthorization. In response to our inquiries, you indicated that these stations established their main studios  x&in Sapulpa, Oklahoma on October 15, 1992, and then at some later unspecified date relocated them to  xTulsa, Oklahoma. Based on the information you submitted, both locations appear to be substantially  xoutside the respective stations' principal community contours. You contend that the later consolidation  x&of the stations' main studios at the Tulsa location was undertaken for economic reasons, and with the  x*assistance of a broadcast consulting firm that failed to advise you that such relocation would first require  xZa waiver of the Commission's rules. You claim that reestablishing and operating separate main studios  xin the stations' respective communities of license would now prove to be prohibitively expensive, and that,"),**UU(" if necessary, you will seek a rule waiver request in order to avoid that requirement.  S' "At the time of the incidents described above, Section 73.1125 of the Commission's Rules, supra,  xrequired FM licensees to construct their main studios within the station's principal community contour;  xat a collocated main studiotransmitter site of a commonlyowned AM station licensed to serve the same  xprincipal community; in the community the station is licensed to serve, at a point outside the principal  xcommunity contour; or elsewhere when good cause exists, and prior express authorization has been  S' xobtained. See Report and Order, "In the Matter of Amendment of Sections 73.1125 and 73.1130 of the  xCommission's Rules, the Main Studio and Program Origination Rules for Radio and Television Broadcast  xQStations," 2 FCC Rcd 3215 (1987). In the instant case, prior authorization to relocate the KEOJ(FM) and  Sp' xKEMX(FM) main studios to locations outside those stations' respective principal community contours was  xVrequired, but was not obtained. Moreover, we find no merit to your attempt to shift blame to your  xbroadcasting consultant for the failure to seek or obtain prior Commission authorization to relocate. The  xCommission has long held that licensees remain ultimately responsible for the acts and omissions of their  S ' xemployees, agents and consultants. Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970), citing Eleven  S ' xTen Broadcasting Corp., 33 FCC 706 (1962). Consequently, it appears that those stations have been in  x3continuing violation of the Commission's main studio rule regarding their main studios' locations since October 15, 1992.  "In this case, the main studio rule also requires that the stations maintain local telephone numbers  xin Caney, Kansas and Locust Grove, Oklahoma, or tollfree numbers so that local residents may contact  xthem. You indicate that the stations did not maintain local numbers in their respective communities, but  xthat they instead utilized tollfree numbers. While you acknowledge that those numbers were not locally  xlisted, you contend that the stations' practices complied with the rule because it does not specifically  xMrequire that tollfree numbers be locally listed. Alternatively, you claim that the stations complied with  xthe rule by informing listeners of their tollfree numbers through broadcast announcements. You further  xexplain that, in the case of Locust Grove, the local telephone service, SalinaSpavinau Telephone  xCompany, refuses to publish tollfree numbers in its local directory. Due to this, you maintained a toll x^free listing in the Pryor, Oklahoma directory, which you represent is distributed in the Locust Grove area,  xand constitutes compliance. It appears, therefore, that you did not violate Section 73.1125(c) of the Commission's Rules concerning maintenance of the stations' tollfree numbers.  S' "Station Identification. Station KEOJ(FM) also apparently violated Section 73.1201 of the  x<Commission's Rules, the station identification rule, when two of its April 30, 1998 topofthehour  x_identifications reported the community of license for Station KEOJ(FM) as "Bartlesville, Caney,  x3Coffeyville." The rule provides that the station's official identification shall consist of the station's call  x letters immediately followed by the community or communities identified in its license as the station's  xlocation. Except for the name of the licensee or the station's frequency or channel number, or both, as  xstated on the station's license, no other insertion between the call letters and station location is permissible.  xIn response to our inquiry, you indicate that, upon the advice of the Commission's staff, you took  ximmediate action to correct your method of station identification. Nevertheless, Station KEOJ(FM),  x Caney, Kansas, has, on April 30, 1998, inserted impermissible information between its call letters and community of license, and apparently violated the pertinent rule.  S%' "Sanction. For the reasons set forth above, we find that a forfeiture is warranted for the apparent  xviolations of Sections 73.1125 and 73.1201 of the Commission's Rules. From the information supplied,  xit appears that the main studio violations at Stations KEOJ(FM) and KEMX(FM) first occurred on October"',C)C)UU0&"  x15, 1992, and have continued since then. Accordingly, pursuant to Section 503(b) of the Act, you, KXOJ,  x Inc., licensee of the abovecaptioned radio stations, are hereby advised of your apparent liability for a  xforfeiture of Fifteen Thousand Dollars ($15,000.00) for your apparent willful, repeated violations of Sections 73.1125 and 73.1201 of the Commission's Rules.  "In assessing this monetary forfeiture, we have taken into account the nature, circumstances, extent  xpand gravity of the violations, as well as the degree of culpability and the stations' prior enforcement  S' x7history. Section 503(b)(2)(D) of the Act, 47 U.S.C. Sec. 503(b)(2)(D). We further note that the Report  S' xMand Order "In the Matter of the Commission's Forfeiture Policy Statement and Amendment of Section  x_1.80 of the Rules to Incorporate the Forfeiture Guidelines," 12 FCC Rcd 17087 (July 28, 1997)  Sp' x("Forfeiture Policy Statement"), provides for a forfeiture of $7,000 as the base amount for a violation of  xthe main studio rule, and $1,000 for the failure to provide station identification. In the instant case, we  x3believe that the substantial duration and continuing nature of the main studio violations, involving each  S ' xof two stations, for a period of more than one year, warrants the full amount for each.  yO` ' x ԍ As noted above, the stations in question apparently first relocated their main studios in violation of the pertinent  x* rule in 1992. We further note that the Tel. Authorization Act of 1992, Pub. l. 102538, 160 Stat. 3533 (1992) allows  x the Commission to impose forfeitures for periods of time reaching back to the commencement of the licensee's  x current term. In this case, the licenses for Stations KEOJ(FM) and KEMX(FM) were renewed on May 22, 1997.  x Accordingly, we deem the instant apparent violations of the main studio rule to have occurred at that time, and to have continued ever since.  See, e.g., The  S ' xQDalton Group, Inc., 6 FCC Rcd 646 (1991) ($10,000 forfeiture for main studio, public inspection file and  S 'program origination rule violations that involved a single station and continued for more than a year). @ yO' x@ ԍ With regard to your stated intention to seek waiver of the main studio rule, we note that the Commission  x recently amended its existing rule, effective October 30, 1998. The amended rule allows stations to locate their main  x studios at any location that is within either the principal community contour of any station, of any service, licensed  x to its community of license or 25 miles from the reference coordinates of the center of its community of license.  yO' xQ See Report and Order, "In the Matter of Review of the Commission's Rules Regarding the Main Studio and Local  yOp' xD Public Inspection Files of Broadcast Television and Radio Stations," 13 FCC Rcd 15691 (1998), recon. granted in  yO8' x@ part, denied in part (FCC 99118) (May 28, 1999). Based on the limited information which you provide, we are  x unable to determine whether, in the instant case, the stations' consolidated main studios at Tulsa comply with the  x new rule, or whether further relocation is necessary. The burden to ensure compliance with the rule, however,  xU remains upon the Commission's licensees, and you are advised to take necessary steps to remedy any station's main studio deficiencies immediately.   "In regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from the date  xof this letter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be  "x,C)C)UU"Ԍ xԙpertinent." 47 C.F.R. Section 1.80(f)(3). Other relevant provisions of Section 1.80 are summarized in the attachment to this letter.  ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqRoy J. Stewart ` `  hhCqChief, Mass Media Bureau Attachment