Federal Communications Commission DA 10-2156
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Daniel D. Smith
Licensee of Station KANR
Belle Plaine, Kansas
Facility ID #15410
Owner of Antenna Structure #1033278
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File No.:  EB-10-KC-0021
NAL/Acct. No. 201132560001
FRN: 0002288728
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  November 8, 2010 Released:  November 10, 2010
By the District Director, Kansas City Office, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find that Daniel D. Smith, 
licensee of station KANR and owner of antenna structure number 1033278 in Belle Plaine, Kansas, 
apparently willfully and repeatedly violated Sections 11.35(a), 17.47, 17.50, and 73.3526 of the 
Commission’s Rules (“Rules”)1 by failing to: (1) maintain operational emergency alert system (“EAS”) 
equipment; (2) make an observation of antenna structure lighting at least once each 24-hour period; (3) 
repaint the antenna structure as necessary to maintain good visibility; and (4) maintain and make available a 
complete public inspection file.  We conclude that Mr. Smith is apparently liable for a forfeiture in the 
amount of twenty-five thousand dollars ($25,000).
II. BACKGROUND
2. On March 31, 2010, agents from the Enforcement Bureau’s Kansas City Office (“Kansas 
City Office”) inspected the main studio of radio station KANR during regular business hours.  The agents 
observed that the station’s EAS equipment was inoperable because the power cord was disconnected.  Mr. 
Smith stated that the EAS equipment became inoperable sometime between the year 2000 and the year 
2006 and had remained inoperable since then.  Mr. Smith said that he tried to hire a contract engineer to 
fix the EAS but the engineer was too busy to conduct the repairs.  Station KANR had no logs 
documenting when the last EAS test had been sent or when the EAS equipment became inoperable.  
Agents from the Kansas City Office also observed that the station’s public inspection file was missing 
quarterly issues/programs lists after the fourth quarter of 2008.  Mr. Smith admitted that he had not placed 
any issues/programs lists in the public inspection file after the fourth quarter of 2008.
3. Also on March 31, 2010, the agents from the Kansas City Office inspected the station 
KANR tower bearing antenna structure registration number 1033278, which is registered to Mr. Smith.  The 
agents observed that the paint on the tower was severely faded and areas of bare metal were showing.  Mr. 
Smith stated that the tower was last painted before it was erected in 1996.  In addition, the agents observed 
that all three flashing beacons on the structure were either non-lighted or non-flashing and several of the 
  
1 47 C.F.R. §§ 11.35(a), 17.47, 17.50, 73.3526.
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side lamps on the structure were inoperable.2 Mr. Smith admitted that the station did not have any 
automated equipment to monitor the structure’s lighting.  He also admitted that no station personnel were 
monitoring visually the lighting on the structure every 24 hours as required by Section 17.47(a) of the 
Rules.3 Mr. Smith stated that he was aware that the side lamps were inoperable but was unaware of the 
non-flashing condition of the lights.  He had no logs or records documenting his observations or any 
failures in the lights.  He stated that he last observed the tower several days before the inspection.4  
III. DISCUSSION
4. Section 503(b) of the Communications Act of 1934, as amended, (“Act”), provides that any 
person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, 
or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or 
order issued by the Commission thereunder, shall be liable for a forfeiture penalty.5 The term “willful” as 
used in Section 503(b) of the Act has been interpreted to mean simply that the acts or omissions are 
committed knowingly.6 The term “repeated” means the commission or omission of such act more than once 
or for more than one day.7
5. Every broadcast station is part of the nationwide EAS network and is categorized as a 
participating national EAS source unless the station affirmatively requests authority to refrain from 
participation, and that request is approved by the Commission.8 The EAS enables the President and state 
and local governments to provide immediate and emergency communications and information to the 
general public.9 State and local area plans identify local primary sources responsible for coordinating 
carriage of common emergency messages from sources such as the National Weather Service or local 
emergency management officials.10 Required monthly and weekly tests originate from EAS Local or 
State Primary sources and must be retransmitted by the participating station.  As the nation’s emergency 
warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role 
  
2 The Federal Aviation Administration (“FAA”) issued a Notice to Airmen on March 31, 2010 regarding the antenna 
structure at Mr. Smith’s request approximately two hours after the end of the inspection. 
3 47 C.F.R. § 17.47(a).
4 Mr. Smith observed the tower on March 29, 2010 during the daytime when the lights were not exhibited, so he was 
unable to assess whether the lights were operating properly.  Mr. Smith said that he observed the exhibited lights on 
the tower before March 29, 2010, but he could not recall the precise day.  
5 47 U.S.C. § 503(b).
6 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that “[t]he term ‘willful’, when used with reference to the commission or 
omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any 
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act….”  
See, e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. 
denied, 7 FCC Rcd 3454 (1992).  
7 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that “[t]he term ‘repeated’, when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such
commission or omission is continuous, for more than one day.” 
8 47 C.F.R. §§ 11.11, 11.41.
9 47 C.F.R. §§ 11.1, 11.21.
10 47 C.F.R. § 11.18. State EAS plans contain guidelines that must be followed by broadcast and cable personnel, 
emergency officials and National Weather Service personnel to activate the EAS for state and local emergency 
alerts. The state plans include the EAS header codes and messages to be transmitted by the primary state, local and 
relay EAS sources.
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that broadcasters play in ensuring its success.  The Commission takes seriously any violations of the 
Rules implementing the EAS and expects full compliance from its licensees.
6. Section 11.35(a) of the Rules requires all broadcast stations to ensure that EAS encoders, 
EAS decoders, and attention signal generating and receiving equipment are installed and operational so that 
the monitoring and transmitting functions are available when the station is in operation.11 On March 31, 
2010, agents from the Kansas City Office observed that station KANR’s installed EAS equipment was not 
operational when the station was in operation.  Mr. Smith admitted that an operational EAS encoder/decoder 
unit had not been available since sometime between 2000 and 2006.  Mr. Smith also admitted that there was 
no documentation of the exact date the unit became inoperative, and he was unable to produce any evidence 
that the EAS unit had ever been operational or that required EAS weekly or monthly tests had ever been 
sent.  Thus, based on the evidence before us, we find that Mr. Smith apparently willfully and repeatedly 
violated Section 11.35(a) of the Rules by failing to maintain operational EAS equipment while the station 
was in operation from at least 2006 until March 31, 2010.  
7. Section 17.47(a) of the Rules states that the owner of any antenna structure that is 
registered with the Commission and has been assigned lighting specifications “(1) [s]hall make an 
observation 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, to insure that all such 
lights are functioning properly as required; or alternatively, (2) [s]hall provide and properly maintain an 
automatic alarm system designed to detect any failure of such lights and to provide indication of such failure 
to the owner.”  Station KANR’s antenna structure is 151 meters above ground in height and must be painted 
and lit.12  At the time of inspection, all three flashing beacons on the structure were either not flashing or 
not lit and several side lamps were inoperable.  Mr. Smith was aware of the inoperable side lamps but was 
unaware of the non-flashing or non-lit beacons.  Mr. Smith stated that the last visual tower light 
observation by any station personnel was made several days prior to the inspection.  The station maintains 
no operational automated monitoring equipment.  Therefore, based on the evidence before us, we find that 
Mr. Smith apparently willfully and repeatedly violated Section 17.47 of the Rules by failing to make a 
visual observation of antenna structure lighting at least once each 24 hour period on March 29 and March 
30, 2010.
8. Section 17.50 of the Rules states that “[a]ntenna structures requiring painting under this 
part shall be cleaned or repainted as often as necessary to maintain good visibility.” At the time of 
inspection, the paint on antenna structure number 1033278 was severely faded with bare metal exposed in 
several areas on the tower.  Due to the condition of the paint, the tower is no longer clearly visible.  The 
paint was in such a condition that the deterioration had to have occurred over more than one day.  Mr. 
Smith stated that the tower had not been painted since 1996, that he personally maintained the tower site, 
and that he was aware of the paint condition.  Thus, based on the evidence before us, we find that Mr. 
Smith apparently willfully and repeatedly violated Section 17.50 of the Rules by failing to repaint the 
antenna structure as necessary to maintain good visibility.
9. Section 73.3526 of the Rules states that “[e]very permittee or licensee of an AM, FM, TV 
or a Class A station in the commercial broadcast services shall maintain a public inspection file 
containing the material” set forth in this section.13 The public inspection file must be maintained at the 
main studio of the station,14 and must be available for public inspection at any time during regular business 
  
11 47 C.F.R. § 11.35(a).
12 Antenna structures must be painted and lighted when they exceed 60.96 meters in height above ground.  See 47 
C.F.R. § 17.21.
13 47 C.F.R. § 73.3526(a)(2).
14 47 C.F.R. § 73.3526(b).
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hours.15  Section 73.3526(e)(12) of the Rules requires commercial AM and FM broadcast stations to place 
a list of programs that have provided the station’s most significant treatment of community issues during 
the preceding three month period in the station’s public inspection file.  The issues/programs list for each 
calendar quarter is to be filed by the tenth day of the succeeding calendar quarter.  On March 31, 2010, 
during normal business hours, agents from the Kansas City Office requested to inspect station KANR’s 
public inspection file at the station’s main studio.  The agents observed that the station’s public inspection 
file was missing issues/programs list after the fourth quarter of 2008.  Mr. Smith stated that no 
issues/programs lists had been filed since the fourth quarter of 2008.  Therefore, based on the evidence 
before us, we find that Mr. Smith apparently willfully and repeatedly violated Section 73.3526(e)(12) of the 
Rules by failing to maintain all required issues/programs lists in the station’s public inspection file and 
apparently willfully violated Section 73.3526 of the Rules by failing to make available a complete public 
inspection file.  
10. Pursuant to the Commission’s Forfeiture Policy Statement and Section 1.80 of the Rules, 
the base forfeiture amount for: (1) failure to maintain operational EAS equipment is $8,000; (2) failure to 
conduct required monitoring is $2,000; (3) failure to repaint the antenna structure is $10,000; and (4) 
violation of public file rules is $10,000.16 In assessing the monetary forfeiture amount, we must also take 
into account the statutory factors set forth in Section 503(b)(2)(E) of the Act, which include the nature, 
circumstances, extent, and gravity of the violations, and with respect to the violator, the degree of 
culpability, and history of prior offenses, ability to pay, and other such matters as justice may require.17  In 
this regard, we note that this licensee has a history of not maintaining operational EAS equipment at this 
station.18 Accordingly, we will upwardly adjust the forfeiture for failure to maintain operational EAS 
equipment to $9,000.  Because station KANR’s public inspection file contained a portion of the items 
required, we find a downward adjustment of the base forfeiture for the public file violation to $4,000 is 
warranted.  Thus, applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory 
factors to the instant case, we conclude that Daniel Smith is apparently liable for a forfeiture in the amount 
of $25,000.  We direct Mr. Smith to submit a sworn statement within thirty days of release of this NAL
describing the specific action(s) taken to correct each of the cited violations and preclude recurrence, and 
specifying when the corrective actions were taken.  We caution Mr. Smith that future violations of our 
rules may subject him to more severe enforcement penalties.
IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Daniel D. 
Smith is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
twenty-five thousand dollars ($25,000) for violations of Sections 11.35(a), 17.47, 17.50 and 73.3526 of 
the Rules.19
12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
  
15 47 C.F.R. § 73.3526(c).
16 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) (“Forfeiture Policy Statement”), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
17 47 U.S.C. § 503(b)(2)(E).
18 On April 16, 1997, the Commission issued a Notice of Violation (“NOV”) to Mr. Smith for several violations found
during an April 9, 1997 inspection of FM Broadcast station KANR, including failure to maintain operational EAS 
equipment in violation of Section 11.35(a) of the Rules.  Daniel D. Smith, Notice of Violation (Compliance & 
Information Bureau, rel. April 16, 1997).
19 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 11.35(a), 17.47, 17.50, 73.3526.
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within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Daniel D. Smith 
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.
13. IT IS FURTHER ORDERED that, within thirty days of the release date of this Notice of 
Apparent Liability for Forfeiture, Daniel D. Smith SHALL SUBMIT a sworn statement as described in 
paragraph 10 to the Kansas City Office listed below.
14. Payment of the forfeiture must be made by credit card, check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
Account Number and FRN Number referenced above.  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).  Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.8  If you have questions, please contact the Financial Operations Group Help 
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov.  Mr. Smith shall also send electronic 
notification on the date said payment is made to SCR-Response@fcc.gov.
15. The written statement seeking reduction or cancellation of the proposed forfeiture, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to Sections 1.80(f)(3) and 1.16 of the Rules.  The written statement must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central Region, Kansas City Office, 520 N.E. 
Colbern Rd., 2nd Floor, Lees Summit, MO  64086 and must include the NAL/Acct. No. referenced in the 
caption.  The statement should also be emailed to SCR-Response@fcc.gov.  
16. 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.  
  
8 See 47 C.F.R. § 1.1914.
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17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Daniel D. Smith at 
his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Robert C. McKinney
District Director, 
Kansas City Office
South Central Region
Enforcement Bureau