Federal Communications Commission DA 09-2163
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pikes Peak Community College
Licensee of 
FM Translator Station K268AR
Pueblo, Colorado
and
FM Translator Station K206BZ
Manitou Springs, Colorado
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NAL/Acct. No. MB200741410074
FRN:  0009794611
Facility I.D. No.  85384
File No. BRFT-20050706AAU
Facility I.D. No. 76218
File No. BRFT-20050708ABC
FORFEITURE ORDER
Adopted:  October 1, 2009 Released:  October 2, 2009
By the Chief, Audio Division, Media Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of one 
thousand dollars ($1,000) to Pikes Peak Community College (“Licensee”), licensee of FM Translator 
Stations K228EY (formerly K268AR), Pueblo, Colorado, and K206BZ, Manitou Springs, Colorado  
(collectively, the “Stations”), for willfully violating Section 73.3539 of the Commission’s Rules (“Rules”) 
by failing to timely file license renewal applications and for willfully and repeatedly violating Section 301 
of the Communications Act of 1934, as amended (“Act”), by engaging in unauthorized operation of the 
Stations.1  
II. BACKGROUND
2. On February 6, 2007, the Bureau issued a Notice of Apparent Liability for Forfeiture 
(“NAL”) in the amount of fourteen thousand dollars ($14,000) to Licensee for these violations.2 Licensee 
filed a Request for Reduction of Proposed Forfeiture (“Request”) and a Supplement to its Request 
(“Supplement”) on March 8, 2007, and October 23, 2007, respectively.  
3. As noted in the NAL, Licensee’s applications for renewal of each of the Stations’ 
licenses should have been filed by December 1, 2004.  No such applications were filed, and the licenses 
each expired on April 1, 2005.  Accordingly, on June 24, 2005, the staff wrote to Licensee indicating that 
the Stations’ licenses had each expired and that (1) all authority to operate the Stations was terminated; 
and (2) the Stations’ call letters were deleted from the Commission’s data base.  Licensee was advised 
  
1 47 C.F.R. § 73.3539; 47 U.S.C. § 301.
2Pikes Peak Community College, Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 
22 FCC Rcd 2258 (MB 2007).
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that any further operation of the Stations was unauthorized and must cease immediately.3 Upon receipt of 
the letter, Licensee tendered the renewal applications and simultaneously filed requests for special 
temporary authorization (“STA”) to continue operations pending consideration of the untimely K228EY 
and K206BZ renewal applications.  In the STA requests, Licensee explained that it had timely filed the 
renewal application for the originating station KEPC(FM), Colorado Springs, Colorado, but that it had 
inadvertently failed to include FM translator Stations K268AR and K206BZ in that application.  The staff 
granted the STAs on July 11, 2005.    On February 6, 2007, the staff advised Licensee of its apparent 
liability for a forfeiture of $14,000 for its failure to timely file the Stations’ renewal applications and for 
unauthorized operation of the Stations.4 In response, Licensee filed the subject Request and Supplement.  
4. In support of its Request and Supplement, Licensee advances several arguments why the 
$14,000 forfeiture amount proposed in this case was excessive, including, among others, that it is 
inconsistent with more recent forfeitures assessed against translators.  It asserts that these reasons warrant 
a reduction of the assessed forfeiture.
III. DISCUSSION
5. The forfeiture amount proposed in this case was assessed in accordance with Section 
503(b) of the Act,5 Section 1.80 of the Rules,6 and the Commission’s Forfeiture Policy Statement.7 In 
assessing forfeitures, Section 503(b)(2)(E) of the Act requires that we 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 such other matters as justice may require.8  
6. Licensee argues that the forfeiture amount is inconsistent with recent forfeitures assessed 
against translator stations for late-filed renewals and unauthorized operation.9 As such, it asserts that “the 
forfeiture amount assessed against [it] should be $1,000.00, rather than the $14,000.00 assessed in the 
NAL.” 10 We agree.  We have considered Licensee’s response to the NAL in light of the above statutory 
factors, our Rules, and the Forfeiture Policy Statement.  We conclude that Licensee willfully11 violated 
  
3 Letters to Pikes Peak Community College, Ref. 1800B3-JDW (Chief, Audio Division, Media Bureau, Jun. 24, 
2005).
4 The Commission granted the above-referenced license renewal application on February 15, 2007.
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80. 
7 The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).  
8 47 U.S.C. § 503(b)(2)(E).
9 See Supplement at 2.
10 Id. at 3.  In its Response, Licensee also argued that (1) the fine was excessive for translators; (2) the infractions 
were minor and warranted downward adjustment; (3) cases where licensees filed STAs (as opposed to those who did 
not) also warranted downward adjustment; (4) the forfeiture amount was inconsistent with forfeitures issued by the 
Enforcement Bureau for similar violations, and (5) as a small college, it would be unable to pay the full forfeiture 
amount.  However, because we accept Licensee’s argument in its subsequently-filed Supplement, these arguments 
are moot and need not be considered further.
11 Section 312(f)(1) of the Act defines “willful” as “the conscious and deliberate commission or omission of [any] 
act, irrespective of any intent to violate” the law.  47 U.S.C. § 312(f)(1).  The legislative history of Section 312(f)(1) 
of the Act clarifies that this definition of willful applies to Sections 312 and 503(b) of the Act, H.R. REP. No. 97-
765, 51 (Conf. Rep.), and the Commission has so interpreted the terms in the Section 503(b) context.  See Southern 
California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4387-88 (1991), recon. denied, 7 
FCC Rcd 3454 (1992) (“Southern California”).
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Section 73.3539 of the Rules and willfully and repeatedly12 violated Section 301 of the Act.13 However, 
given the Commission’s recent decisions assessing forfeitures in the amount of $500 against licensees of 
translator stations for violations of Section 73.3539 of the Rules and Section 301 of the Act,14 we reduce 
the forfeiture amount assessed against each Station to $500, for a total of $1,000.15
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act 
of 1934, as amended, and Sections 0.283 and 1.80 of the Commission’s Rules,16 that Pikes Peak 
Community College, SHALL FORFEIT to the United States the sum of one thousand dollars ($1,000) for 
willfully violating Section 73.3539 of the Commission’s Rules and for willfully and repeatedly violating 
Section 301 of the Communications Act of 1934, as amended.
8. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Commission's Rules within 30 days of the release of this Forfeiture 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.17  Payment of the proposed forfeiture must be made by check or similar 
instrument, payable to the order of the Federal Communications Commission. The payment must include 
the NAL/Acct. No. and FRN No. referenced in the caption above. Payment by check or money order may 
be mailed to Federal Communications Commission, at 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, BNF: FCC/ACV--27000001 and account number as expressed 
on the remittance instrument. If 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).18
  
12 Section 312(f)(1) of the Act defines “repeated” as “the commission or omission of [any] act more than once or, if 
such commission or omission is continuous, for more than one day.” 47 U.S.C. § 312(f)(1).  See also Southern 
California, 6 FCC Rcd at 4388 (applying this definition of repeated to Sections 312 and 503(b) of the Act). 
13 47 U.S.C. § 301.
14 See KSOP, Inc., Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 
20950, 20952 (MB 2007) (issuing NAL in the amount of $500 for translator station licensee’s failure to timely file a 
license renewal application and for unauthorized  operation of its station).
15 See, e.g., Best Media, Inc., Forfeiture Order, 24 FCC Rcd 4140, 4143 (MB 2009) (reducing forfeiture amount 
from $7,000 to $500 for translator station’s late renewal filing and unauthorized operation); Valley Baptist Church 
and Christian School, Forfeiture Order, 23 FCC Rcd 8740, 8742 (MB 2008) (reducing sua sponte forfeiture amount 
from $1,500 to $250 for translator station’s late renewal filing).
16 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.283, 1.80.
17 47 U.S.C. § 504(a).
18 See 47 C.F.R. § 1.1914.
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9. IT IS FURTHER ORDERED, that a copy of this Forfeiture Order shall be sent by 
Certified Mail Return, Receipt Requested, and by First Class Mail to: Pikes Peak Community College, 
5675 Academy Blvd., Colorado Springs, Colorado 80906, and to its counsel, Lee J. Peltzman, Esquire, 
Shainis & Peltzman, Chartered, 1850 M Street, N.W., Suite 240, Washington D. C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
Peter H. Doyle
Chief, Audio Division 
Media Bureau