Federal Communications Commission DA 16-304
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Mt. Rushmore Broadcasting, Inc.
Licensee of:
Station KZMX(AM),
Hot Springs, South Dakota
Station KZMX-FM,
Hot Springs, South Dakota
Station KMLD(FM) and Station WLP722,
Casper, Wyoming
Station KQLT(FM),
Casper, Wyoming
Station KHOC(FM),
Casper, Wyoming
Station KASS(FM),
Casper, Wyoming
Gray, Jan DBA = KZMX
Registrant of Antenna Structure Registration 
Number 1063709
Hot Springs, South Dakota
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
     
     File No.:  EB-MC-15-00000013
1
     NAL/Acct. Nos.:   201232800002
                                    201232800004
                                    201232800005
                                    201232800006
                                    201232800007
                                    201332800002
                                    201332800003
                                    201332800004
                                    201332800005
                                    201432800002
     FRN:  0008230559
     Facility ID Nos.:  46713
                                   46712
                                   11927
                                   47878
                                   15925
                                   43477
                                    
ORDER
Adopted:  May 20, 2016                                          Released:  May 20, 2016
By the Chief, Enforcement Bureau: 
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether Mt. Rushmore Broadcasting, Inc. 
(Mt. Rushmore) violated the Commission’s rules by failing to:  (a) maintain a full-time management and 
staff presence at the main studio of two of its stations during regular business hours; (b) make those 
stations available for inspection by an FCC agent; (c) operate one of those stations in accordance with the 
terms of the station’s authorization; (d) operate a studio-transmitter link station at a location authorized on 
                                                     
1
The proceedings initiated under File Nos. EB-11-DV-0066, EB-FIELDWR-12-00002388, EB-FIELDWR-12-
00002417, EB-FIELDWR-12-00002409, EB-FIELDWR-12-00002419, EB-FIELDWR-12-00003575, EB-
FIELDWR-12-00003587, EB-FIELDWR-12-00003594, EB-FIELDWR-12-00003596, and EB-FIELDWR-13-
00006467 were subsequently assigned File No. EB-MC-15-00000013.  Any future correspondence with the FCC 
concerning this matter should reflect the new case number.
Federal Communications Commission DA 16-304
2
its license; (e) operate three other studio-transmitter link stations with required Commission 
authorizations; (f) maintain complete public inspection files at four of its stations; and (g) exhibit required 
red obstruction lighting on its antenna structure and immediately notify the Federal Aviation 
Administration (FAA) of a known obstruction light outage.  The Commission’s rules concerning the 
accessibility of a station’s main studio and public inspection file ensure that a broadcast station is 
available to Commission personnel for inspection and serves the needs of its local community.  For their 
part, the Commission’s station authorization rules ensure licensees operate their stations within authorized 
parameters to avoid interference with other licensed operations, while the Commission’s antenna structure 
painting, lighting, and registration requirements operate in concert with FAA regulations to ensure that 
antenna structures do not present hazards to air navigation. 
2. To settle this matter, Mt. Rushmore submitted a sworn statement with financial 
information demonstrating an inability to pay the proposed forfeitures in the enforcement actions listed 
below.  Mt. Rushmore admits that its operations violated the Commission’s rules, will implement a 
comprehensive compliance plan, will enroll each of the affected stations in the relevant state Alternative 
Broadcast Inspection Program plan, and will pay a $25,000 civil penalty for which it has a demonstrated 
ability to pay. The remainder of the proposed civil penalty will be suspended. However, Mt. Rushmore 
will pay the remainder of the original proposed civil penalties if the Commission finds during the next 
three years that the company failed to comply with the Commission’s public inspection file, main studio, 
inspection, licensing, or tower painting and lighting rules or that Mt. Rushmore misled the Commission 
regarding its current financial status.
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and resolving the Notices of 
Apparent Liability for Forfeiture
2
against Mt. Rushmore and its president and owner, Jan C. Gray,
regarding their compliance with their stations’ and antenna structures’ obligations under the 
Communications Act of 1934, as amended,
3
hand the Commission’s rules (Rules).
4
   
4. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Mt. Rushmore or Jan C. Gray’s qualifications to hold or obtain any Commission license or 
authorization.
5
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 503(b) of the Act
6
and 
the authority delegated by Sections 0.111 and 0.311 of the Rules,
7
the attached Consent Decree IS 
ADOPTED and its terms incorporated by reference.
                                                     
2
Mount Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 5296 (Enf. Bur. 
2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8263 (Enf. Bur. 
2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8268 (Enf. Bur. 
2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8273 (Enf. Bur. 
2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8278 (Enf. Bur. 
2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1851 (Enf. Bur. 
2013); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1856 (Enf. Bur. 
2013); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1861 (Enf. Bur. 
2013); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1866 (Enf. Bur. 
2013); and Gray, Jan DBA KZMX, Notice of Apparent Liability for Forfeiture, 29 FCC Rcd 333 (Enf. Bur. 2014).
3
47 U.S.C. §§ 301, 303(q).
4
47 C.F.R. §§ 1.903(a), 17.48(a), 17.51(a), 73.1125, 73.1225, 73.1350(a), 73.3526.
5
47 C.F.R. § 1.93(b).
6
47 U.S.C. § 154(i), 503(b).
7
47 C.F.R. §§ 0.111, 0.311.
Federal Communications Commission DA 16-304
3
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
7. 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 Mt. Rushmore Broadcasting, Inc., at 
218 N. Wolcott Street, Casper, Wyoming 82601-1923, and to Mark Lipp, Esquire, Counsel for Mt. 
Rushmore Broadcasting, Inc., Wiley Rein LLP, 1776 K Street NW, Washington, DC 20006.  
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc
Chief
Enforcement Bureau
Federal Communications Commission DA 16-304
Before the
Federal Communications Commission
Washington, DC 20554 
In the Matter of
Mt. Rushmore Broadcasting, Inc.
Licensee of:
Station KZMX(AM),
Hot Springs, South Dakota
Station KZMX-FM,
Hot Springs, South Dakota
Station KMLD(FM) and Station WLP722,
Casper, Wyoming
Station KQLT(FM),
Casper, Wyoming
Station KHOC(FM),
Casper, Wyoming
Station KASS(FM),
Casper, Wyoming
Gray, Jan DBA = KZMX
Registrant of Antenna Structure Registration 
Number 1063709
Hot Springs, South Dakota
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
     
     File No.:  EB-MC-15-00000013
1
     NAL/Acct. Nos.:   201232800002
                                    201232800004
                                    201232800005
                                    201232800006
                                    201232800007
                                    201332800002
                                    201332800003
                                    201332800004
                                    201332800005
                                    201432800002
     FRN:  0008230559
     Facility ID Nos.:  46713
                                   46712
                                   11927
                                   47878
                                   15925
                                   43477
                                    
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Mt. 
Rushmore Broadcasting, Inc. (Mt. Rushmore), by their authorized representatives, hereby enter into this 
Consent Decree for the purpose of terminating the Enforcement Bureau’s investigations into whether Mt. 
Rushmore violated Sections 301 and 303(q) of the Communications Act of 1934, as amended,
2
and 
Sections 1.903(a), 17.48(a), 17.51(a), 73.1125, 73.1225, 73.1350(a), and 73.3526 of the Commission’s 
rules
3
in connection with Mt. Rushmore’s failure to:  (a) maintain a full-time management and staff 
presence at the main studio of two of its stations during regular business hours; (b) make those stations 
available for inspection by an FCC agent; (c) operate one of those stations in accordance with the terms of 
the station’s authorization; (d) operate a studio-transmitter link station at a location authorized on its 
license; (e) operate three other studio-transmitter link stations with required Commission authorizations; 
                                                     
1
The proceedings initiated under File Nos. EB-11-DV-0066, EB-FIELDWR-12-00002388, EB-FIELDWR-12-
00002417, EB-FIELDWR-12-00002409, EB-FIELDWR-12-00002419, EB-FIELDWR-12-00003575, EB-
FIELDWR-12-00003587, EB-FIELDWR-12-00003594, EB-FIELDWR-12-00003596, and EB-FIELDWR-13-
00006467 were subsequently assigned File No. EB-FIELDWR-14-000XXXXX.  Any future correspondence with 
the FCC concerning this matter should reflect the new case number.
2
47 U.S.C. §§ 301, 303(q).
3
47 C.F.R. §§ 1.903(a), 17.48(a), 17.51(a), 73.1125, 73.1225, 73.1350(a), 73.3526.
Federal Communications Commission DA 16-304
2
(f) maintain complete public inspection files at four of its stations; and (g) exhibit required red obstruction 
lighting on its antenna structure and immediately notify the Federal Aviation Administration of a known 
obstruction light outage.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.
4
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Antenna Structure” means Antenna Structure Number 1063709 in Hot Springs, 
South Dakota.
(d) “Antenna Structure Lighting Rules” means Section 303(q) of the Act, Sections 
17.48(a) and 17.51(a) of the Rules, and other Communications Laws related to the 
lighting of antenna structures.
5
(e) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(f) “Commission” and “FCC” mean the Federal Communications Commission 
and all of its bureaus and offices.
(g) “Communications Laws” means, collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which Mt. Rushmore is 
subject by virtue of its business activities, including but not limited to the Antenna 
Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main Studio 
Rules, and Public Inspection File Rules.
(h) “Compliance Plan” means the compliance obligations, program, and 
procedures described in this Consent Decree at paragraph 14.
(i) “Covered Employees” means all employees and agents of Mt. Rushmore who 
perform, or supervise, oversee, or manage the performance of, duties that 
relate to Mt. Rushmore’s responsibilities under the Communications Laws, 
including the Antenna Structure Lighting Rules, FCC Inspection Rules, 
Licensing Rules, Main Studio Rules, and Public Inspection File Rules.  
(j) “Effective Date” means the date by which both the Bureau and Mt. Rushmore 
have signed the Consent Decree.
(k) “FAA” means the Federal Aviation Administration.
(l) “FCC Inspection Rules” means Section 73.1225 of the Rules and other 
Communications Laws that require the licensee of a broadcast station to make the 
station available for inspection by representative of the FCC during the station’s 
business hours, or at any time the station is in operation.
6
(m) “Investigations” means the investigations commenced by the Bureau’s Denver 
Office’s inspections of Station KZMX(AM) and Station KZMX-FM in Hot Springs, 
South Dakota, on May 31, 2011; Station KASS(FM), Station KHOC(FM), Station 
                                                     
4
47 U.S.C. § 151 et seq.
5
47 U.S.C. § 303(q); 47 C.F.R. §§ 17.48(a), 17.51(a).
6
47 C.F.R. § 73.1225.
Federal Communications Commission DA 16-304
3
KQLT(FM), Station KMLD(FM), and Station WLP722 in Casper, Wyoming, on 
August 17, 2011; and the Antenna Structure on January 22, 2013.
(n) “Licensing Rules” means Section 301 of the Act, Sections 1.903(a) and 
73.1350(a) of the Rules, and other Communications Laws that prohibit the use 
or operation of a wireless radio station without a valid Commission 
authorization or inconsistent with such authorization, or that require a 
broadcast station to operate in a manner which complies with the Rules and in 
accordance with the station’s authorization.
7
(o) “Mt. Rushmore” means Mt. Rushmore Broadcasting, Inc., and its affiliates, 
subsidiaries, and predecessors-in-interest, as well as Jan Charles Gray, its president 
and owner.
(p) “Main Studio Rules” means Section 73.1125 of the Rules and other Communications 
Laws that require a broadcast station to maintain a main studio with a meaningful 
management and staff presence along with a local telephone number in its 
community of license or a toll-free number.
8
(q) “Notices of Apparent Liability for Forfeiture” or “NALs” means Mount Rushmore 
Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 5296 
(Enf. Bur. 2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for 
Forfeiture, 27 FCC Rcd 8263 (Enf. Bur. 2012); Mt. Rushmore Broadcasting, Inc., 
Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8268 (Enf. Bur. 2012); Mt. 
Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC 
Rcd 8273 (Enf. Bur. 2012); Mt. Rushmore Broadcasting, Inc., Notice of Apparent 
Liability for Forfeiture, 27 FCC Rcd 8278 (Enf. Bur. 2012); Mt. Rushmore 
Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1851 
(Enf. Bur. 2013); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for 
Forfeiture, 28 FCC Rcd 1856 (Enf. Bur. 2013); Mt. Rushmore Broadcasting, Inc., 
Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1861 (Enf. Bur. 2013); Mt. 
Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC 
Rcd 1866 (Enf. Bur. 2013); and Gray, Jan DBA KZMX, Notice of Apparent Liability 
for Forfeiture, 29 FCC Rcd 333 (Enf. Bur. 2014). 
(r) “Operating Procedures” means the standard, internal operating procedures and 
compliance policies established by Mt. Rushmore to implement the 
Compliance Plan.
(s) “Parties” means Mt. Rushmore and the Bureau, each of which is a “Party.”
(t) “Public Inspection File Rules” means Section 73.3526 of the Rules and other 
Communications Laws that require broadcast stations to maintain a complete public 
inspection file.
9
(u) “Rules” means the Commission’s regulations found in Title 47 of the Code of 
Federal Regulations.
                                                     
7
47 U.S.C. § 301; 47 C.F.R. §§ 1.903(a); 73.1350(a).
8
47 C.F.R. § 73.1125.
9
47 C.F.R. § 73.3526.
Federal Communications Commission DA 16-304
4
(v) “Stations” means Station KZMX(AM), Hot Springs, South Dakota; Station KZMX-
FM, Hot Springs, South Dakota; Station KASS(FM), Casper, Wyoming; Station 
KHOC(FM), Casper, Wyoming; Station KQLT(FM), Casper, Wyoming, Station 
KMLD(FM), Casper, Wyoming, and Station WLP722, Casper, Wyoming.
(w) “STL” means studio-transmitter link.
II. BACKGROUND
3. Section 301 of the Act requires that “[n]o person shall use or operate any apparatus for 
the transmission of energy or communications or signals by radio ... except under and in accordance with 
this Act and with a license in that behalf granted under the provisions of this Act.”
10
  Section 1.903(a) of 
the Rules requires that stations in the Wireless Radio Services must be used and operated only in 
accordance with the rules applicable to their particular service, and with a valid authorization granted by 
the Commission.
11
  Section 73.1350(a) of the Rules states that “[e]ach licensee is responsible for 
maintaining and operating its broadcast station in a manner which complies with the technical rules ... and 
in accordance with the terms of the station authorization.”
12
4.   Section 73.1125(a) of the Rules requires broadcast stations to maintain a main studio.
13
The Commission has interpreted Section 73.1125 to require, among other things, that a licensee maintain 
a “meaningful management and staff presence” at its main studio.
14
  Specifically, the Commission has 
found that a main studio “must, at a minimum, maintain full-time managerial and full-time staff 
personnel.”
15
  Section 73.1125(e) requires each AM, FM, TV, and Class A TV broadcast station to 
“maintain a local telephone number in its community of license or a toll-free number.”
16
  Section 
73.1225(a) of the Rules requires that the “licensee of a broadcast station shall make the station available 
for inspection by representatives of the FCC during the station's business hours, or at any time it is in 
operation.”
17
5. Section 73.3526(a)(2) of the Rules requires broadcast stations maintain for public 
inspection a file containing materials listed in that section.
18
  Section 73.3526(c)(1) of the Rules specifies 
that the file shall be available for public inspection at any time during regular business hours,
19
and 
Section 73.3526(e)(12) of the Rules specifically requires licensees to place in their public inspection file 
for each calendar quarter, a list of programs that provided the station’s most significant treatment of 
community issues during the preceding three month period.
20
  This list is known as the issues/programs 
                                                     
10
47 U.S.C. § 301.
11
47 C.F.R. § 1.903(a).
12
47 C.F.R. § 73.1350(a).
13
47 C.F.R. § 73.1125(a).
14
Amendment of Sections 73.1125 and 73.1130 of the Commission's Rules, the Main Studio and Program 
Origination Rules for Radio and Television Broadcast Stations, Memorandum Opinion and Order, 3 FCC Rcd 5024, 
5026 (1988), erratum issued, 3 FCC Rcd 5717 (1988) (correcting language in n.29).
15
See Jones Eastern of the Outer Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 & n.2 
(1991), clarified, 7 FCC Rcd 6800 (1992).  See also Birach Broad. Corp., Notice of Apparent Liability for 
Forfeiture, 25 FCC Rcd 2635 (Enf. Bur. 2010).
16
47 C.F.R. § 73.1125(e).
17
47 C.F.R. § 73.1225(a).
18
47 C.F.R. § 73.3526(a)(2).
19
47 C.F.R. § 73.3526(c)(1).
20
47 C.F.R. § 73.3526(e)(12).
Federal Communications Commission DA 16-304
5
list and must be retained in the public inspection file until final action has been taken on the station’s next 
license renewal application.
21
6. Section 303(q) of the Act states that antenna structure owners shall maintain the painting 
and lighting of antenna structures as prescribed by the Commission.
22
  Section 17.51(a) of the Rules at the 
time of the violation stated that “[a]ll red obstruction lighting shall be exhibited from sunset until sunrise 
unless otherwise specified.”
23
  Section 17.48(a) of the Rules at the time of the violation stated that owners 
of antenna structures “shall report immediately by telephone or telegraph to … the Federal Aviation 
Administration any observed or otherwise known extinguishment or improper functioning of any top 
steady burning light or any flashing obstruction light … not corrected within 30 minutes.”
24
7. Mt Rushmore is the licensee of Station KZMX(AM) and Station KZMX-FM in Hot 
Springs, South Dakota, as well as Station KASS(FM), Station KHOC(FM), Station KQLT(FM), Station 
KMLD(FM) and Station WLP722 in Casper, Wyoming.  The president and owner of Mt. Rushmore, Jan 
Charles Gray, also owns the Antenna Structure in Hot Springs, South Dakota.  Agents from the Bureau’s 
Denver Office conducted inspections of the Stations and the Antenna Structure.  The Denver Office 
subsequently issued ten NALs to Mt. Rushmore for apparent violations discovered during these 
inspections of the Antenna Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main 
Studio Rules, and Public Inspection File Rules.
25
  In the NALs, the Denver Office found that Mt. 
Rushmore failed to:  (a) maintain a full-time management and staff presence at the Station KZMX(AM) 
and Station KZMX-FM main studio during regular business hours and maintain a local telephone number 
in the Stations’ community of license or a toll-free number;
26
(b) make Station KZMX(AM) and Station 
KZMX-FM available for inspection by an FCC agent;
27
(c) operate Station KZMX-FM in accordance 
with the terms of the station’s authorization;
28
(d) operate STL Station WLP722 at a location authorized 
on its license;
29
(e) operate stations at Station KQLT(FM),
30
Station KHOC(FM),
31
and Station 
                                                     
21
Id.
22
47 U.S.C. § 303(q).
23
47 C.F.R. § 17.51(a) (2013).
24
47 C.F.R. § 17.48(a) (2013).
25
Mount Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 5296 (Enf. Bur. 
2012) (Stations KZMX(AM) and KZMX-FM NAL); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability 
for Forfeiture, 27 FCC Rcd 8263 (Enf. Bur. 2012) (Stations KMLD and WLP722 NAL); Mt. Rushmore 
Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 8268 (Enf. Bur. 2012) (Station 
KQLT(FM) STL NAL); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 
8273 (Enf. Bur. 2012) (Station KHOC(FM) STL NAL); Mt. Rushmore Broadcasting, Inc., Notice of Apparent 
Liability for Forfeiture, 27 FCC Rcd 8278 (Enf. Bur. 2012) (Station KASS(FM) STL NAL); Mt. Rushmore 
Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1851 (Enf. Bur. 2013) (Station 
KASS(FM) Public File NAL); Mt. Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC 
Rcd 1856 (Enf. Bur. 2013) (Station KHOC(FM) Public File NAL); Mt. Rushmore Broadcasting, Inc., Notice of 
Apparent Liability for Forfeiture, 28 FCC Rcd 1861 (Enf. Bur. 2013) (Station KMLD(FM) Public File NAL); Mt. 
Rushmore Broadcasting, Inc., Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 1866 (Enf. Bur. 2013)
(Station KQLT(FM) Public File NAL); Gray, Jan DBA KZMX, Notice of Apparent Liability for Forfeiture, 29 FCC 
Rcd 333 (Enf. Bur. 2014) (Station KZMX Antenna Registration NAL).
26
Stations KZMX(AM) and KZMX-FM NAL, 27 FCC Rcd at 5299, para. 8.
27
Id. at 5299, para. 9.
28
Id. at 5299, para. 10.
29
Stations KMLD and WLP722 NAL, 27 FCC Rcd at 8264–65, para. 5.
30
Station KQLT(FM) STL NAL, 27 FCC Rcd at 8269–70, para 5.
31
Station KHOC(FM) STL NAL, 27 FCC Rcd at 8274–75, para 5.
Federal Communications Commission DA 16-304
6
KASS(FM) with required Commission authorizations;
32
(f)  maintain complete public inspection files at 
Station KASS(FM),
33
Station KHOC(FM),
34
Station KMLD(FM),
35
and Station KQLT(FM);
36
and (g) 
exhibit required red obstruction lighting after sunset on the Antenna Structure used in the operation of 
Station KZMX(AM) and Station KZMX-FM) and immediately notify the FAA of a known light outage.
37
8. Following the release of the NALs, the Bureau and Mt. Rushmore conducted settlement 
negotiations.  During those negotiations, Mt. Rushmore claimed an inability to pay the proposed 
forfeitures and supplied the Bureau with a written statement submitted under oath, evidencing its financial 
status along with the financial status of its owner.   Among the materials submitted to the Bureau, were 
several years of tax returns.  After further discussions, the Parties agree to the following terms and 
conditions of settlement and hereby enter into this Consent Decree as provided below.
III. TERMS OF AGREEMENT
9. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
10. Jurisdiction.  Mt. Rushmore agrees that the Bureau has jurisdiction over it and the 
matters contained in this Consent Decree and has the authority to enter into and adopt this Consent 
Decree.
11. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date, as defined herein.  As of the Effective Date, the Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
12. Termination of Investigations.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate the Investigations.  In consideration for the termination of the Investigations, Mt. Rushmore 
agrees to the terms, conditions, and procedures contained herein.  The Bureau further agrees that in the 
absence of new material evidence, it will not use the facts developed in the Investigations through the 
Effective Date, or the existence of this Consent Decree, to institute on its own motion any new 
proceeding, formal or informal, or take any action on its own motion against Mt. Rushmore concerning 
the matters that were the subject of the Investigations. The Bureau also agrees that, in the absence of new 
material evidence, it will not use the facts developed in the Investigations through the Effective Date, or 
the existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or 
to set for hearing the question of Mt. Rushmore’s basic qualifications to be a Commission licensee or 
hold Commission licenses or authorizations.
38
    
13. Admission of Liability.  Mt. Rushmore admits for the purpose of this Consent Decree 
and Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 11 
herein, that the operation of its Stations and the Antenna Structure violated the Antenna Structure 
Lighting Rules, FCC Inspection Rules, Licensing Rules, Main Studio Rules, and Public Inspection File 
Rules, as detailed in paragraph 7 herein.
                                                     
32
Station KASS(FM) STL NAL, 27 FCC Rcd at 8279–80, para 5.
33
Station KASS(FM) Public File NAL, 28 FCC Rcd at 1852, para. 4. 
34
Station KHOC(FM) Public File NAL, 28 FCC Rcd at 1857, para. 4.
35
Station KMLD(FM) Public File NAL, 28 FCC Rcd at 1862, para. 4.
36
Station KQLT(FM) Public File NAL, 28 FCC Rcd at 1867, para. 4.
37
Station KZMX Antenna Registration NAL, 29 FCC Rcd at 335, para. 7.
38
See 47 C.F.R. 1.93(b).
Federal Communications Commission DA 16-304
7
14. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Mt. 
Rushmore shall designate a senior corporate manager with the requisite corporate and organizational 
authority to serve as a Compliance Officer and to discharge the duties set forth below.  The person 
designated as the Compliance Officer shall be responsible for developing, implementing, and 
administering the Compliance Plan and ensuring that Mt. Rushmore complies with the terms and 
conditions of the Compliance Plan and this Consent Decree. In addition to the general knowledge of the 
Communications Laws necessary to discharge his/her duties under this Consent Decree, the Compliance 
Officer shall have specific knowledge of the Antenna Structure Lighting Rules, FCC Inspection Rules, 
Licensing Rules, Main Studio Rules, and Public Inspection File Rules prior to assuming his/her duties.
15. Compliance Plan.  For purposes of settling the matters set forth herein, Mt. Rushmore
agrees that it shall within one hundred twenty (120) calendar days after the Effective Date develop and 
implement a Compliance Plan designed to ensure future compliance with the Communications Laws and 
with the terms and conditions of this Consent Decree.  With respect to the Antenna Structure Lighting 
Rules, FCC Inspection Rules, Licensing Rules, Main Studio Rules, and Public Inspection File Rules, Mt. 
Rushmore shall implement, at a minimum, the following procedures:
(a) Operating Procedures.  Within one hundred twenty (120) calendar days after the 
Effective Date, Mt. Rushmore shall establish Operating Procedures that all Covered 
Employees must follow to help ensure Mt. Rushmore’s compliance with the Antenna 
Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main Studio 
Rules, and Public Inspection File Rules.  The Compliance Officer shall ensure that 
the required obstruction lighting on Mt. Rushmore’s antenna structures is properly 
maintained and that outages of any top burning or flashing obstruction light on any 
such antenna structure will be immediately reported to the FAA, and ensure that such 
antenna structures otherwise comply with the Antenna Structure Lighting Rules.  The 
Compliance Officer shall also ensure that each of the Stations is made available for 
inspection by a representative of the FCC during the station’s business hours, or at 
any time the station is in operation, and complies with the FCC Inspection Rules.  
The Compliance Officer shall also designate a Covered Employee to be responsible 
for developing and maintaining a database of all broadcast and affiliated licenses held 
by Mt. Rushmore and ensure that all transmitters used by the Stations are properly 
licensed, operated consistent with the terms of their authorizations, and comply with 
the Licensing Rules.  The Compliance Officer shall also ensure each of the Stations 
maintains a main studio with a meaningful management and staff presence at the 
main studio, as well as a local telephone number in its community of license or a toll-
free number, and complies with the Main Studio Rules.  The Compliance Office shall 
also ensure that each of the Stations maintains and makes available a complete public 
inspection file, including all required issues/programs lists, which complies with the 
Public Inspection File Rules.
(b) Compliance Manual.  Within on hundred twenty (120) calendar days after the 
Effective Date, the Compliance Officer shall develop and distribute a Compliance 
Manual to all Covered Employees.  The Compliance Manual shall explain the 
Antenna Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main 
Studio Rules, and Public Inspection File Rules and set forth the Operating Procedures 
that Covered Employees shall follow to help ensure Mt. Rushmore’s compliance with 
the Antenna Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main 
Studio Rules, and Public Inspection File Rules.  Mt. Rushmore shall periodically 
review and revise the Compliance Manual as necessary to ensure that the information 
set forth therein remains current and complete.  Mt. Rushmore shall distribute any 
revisions to the Compliance Manual promptly to all Covered Employees.  
(c) Compliance Training Program.  Mt. Rushmore shall establish and implement a 
Compliance Training Program on compliance with the Antenna Structure Lighting 
Federal Communications Commission DA 16-304
8
Rules, FCC Inspection Rules, Licensing Rules, Main Studio Rules, Public Inspection 
File Rules, and the Operating Procedures.  As part of the Compliance Training 
Program, Covered Employees shall be advised of Mt. Rushmore’s obligation to 
report any noncompliance with the Antenna Structure Lighting Rules, FCC 
Inspection Rules, Licensing Rules, Main Studio Rules, and Public Inspection File 
Rules under paragraph 15 of this Consent Decree and shall be instructed on how to 
disclose noncompliance to the Compliance Officer.  All Covered Employees shall be 
trained pursuant to the Compliance Training Program within one hundred twenty 
(120) calendar days after the Effective Date, except that any person who becomes a 
Covered Employee at any time after the initial Compliance Training Program shall be 
trained within thirty (30) calendar days after the date such person becomes a Covered 
Employee.  Mt. Rushmore shall repeat the compliance training on an annual basis, 
and shall periodically review and revise the Compliance Training Program as 
necessary to ensure that it remains current and complete and to enhance its 
effectiveness.
(d) Alternative Broadcast Inspection Program (ABIP) Participation.  Within thirty 
(30) calendar days of the Effective Date, Mt. Rushmore shall enroll each of the 
Stations in the ABIP sponsored by the relevant state broadcasting association.  
Within ninety (90) calendar days of the Effective Date, the results of the ABIP 
inspection of each station, including the full report of the findings and conclusions of 
the ABIP inspector, along with any notifications or findings of non-conformance 
and/or Certificates of Compliance, shall be submitted to the District Director, Denver 
Office, Western Region, Enforcement Bureau, Federal Communications 
Commission, P.O. Box 25446, DFC Building 1A, One Denver Federal Center, 
Lakewood, Colorado 80225, with a copy submitted electronically to Nikki P. Shears 
at Nikki.Shears@fcc.gov and WR-Response@fcc.gov.   
16. Reporting Noncompliance.  Mt. Rushmore shall report any noncompliance with the 
Antenna Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main Studio Rules, and Public 
Inspection File Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar 
days after the discovery of such noncompliance.  Such reports shall include a detailed explanation of (i) 
each instance of noncompliance; (ii) the steps that Mt. Rushmore has taken or will take to remedy such 
noncompliance; (iii) the schedule on which such remedial actions will be taken; and (iv) the steps that Mt. 
Rushmore has taken or will take to prevent the recurrence of any such noncompliance.  All reports of 
noncompliance shall be submitted to the District Director, Denver Office, Western Region, Enforcement 
Bureau, Federal Communications Commission, P.O. Box 25446, DFC Building 1A, One Denver Federal 
Center, Lakewood, Colorado 80225, with a copy submitted electronically to Nikki P. Shears at 
Nikki.Shears@fcc.gov and WR-Response@fcc.gov.  
17. Compliance Reports.  Mt. Rushmore shall file Compliance Reports with the 
Commission one hundred twenty (120) calendar days after the Effective Date, twelve (12) months after the 
Effective Date, twenty-four (24) months after the Effective Date, and thirty-six (36) months after the 
Effective Date.
(a) Each Compliance Report shall include a detailed description of Mt. Rushmore’s 
efforts during the relevant period to comply with the terms and conditions of this 
Consent Decree and the Antenna Structure Lighting Rules, FCC Inspection Rules, 
Licensing Rules, Main Studio Rules, and Public Inspection File Rules.  In addition, 
each Compliance Report shall include a certification by the Compliance Officer, as 
an agent of and on behalf of Mt. Rushmore, stating that the Compliance Officer has 
personal knowledge that Mt. Rushmore:  (i) has established and implemented the 
Compliance Plan; (ii) has utilized the Operating Procedures since the implementation 
of the Compliance Plan; and (iii) is not aware of any instances of noncompliance 
Federal Communications Commission DA 16-304
9
with the terms and conditions of this Consent Decree, including the reporting 
obligations set forth in paragraph 15 hereof.
(b) The Compliance Officer’s certification shall be accompanied by a statement 
explaining the basis for such certification and must comply with Section 1.16 of the 
Rules and be subscribed to as true under penalty of perjury in substantially the form 
set forth therein.
39
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of Mt. Rushmore, shall provide the Commission 
with a detailed explanation of the reason(s) why and describe fully:  (i) each instance 
of noncompliance; (ii) the steps that Mt. Rushmore has taken or will take to remedy 
such noncompliance, including the schedule on which proposed remedial actions will 
be taken; and (iii) the steps that Mt. Rushmore has taken or will take to prevent the 
recurrence of any such noncompliance, including the schedule on which such 
preventive action will be taken.
(d) All Compliance Reports shall be submitted to the District Director, Denver Office, 
Western Region, Enforcement Bureau, Federal Communications Commission, P.O. 
Box 25446, DFC Building 1A, One Denver Federal Center, Lakewood, Colorado 
80225, with a copy submitted electronically to Nikki P. Shears at 
Nikki.Shears@fcc.gov and WR-Response@fcc.gov.  
18. Termination Date.  Unless stated otherwise, the requirements of paragraphs 13 through 
16 of this Consent Decree shall expire thirty-six (36) months after the Effective Date.
19. Civil Penalty.  In light of Mt. Rushmore’s demonstrated inability to pay and subject to 
the provisions of paragraph 20 below, Mt. Rushmore will pay a civil penalty to the United States Treasury 
in the amount of twenty-five thousand dollars ($25,000) within thirty (30) calendar days of the Effective 
Date (Civil Penalty).  Mt. Rushmore acknowledges and agrees that upon execution of this Consent Decree, 
the Civil Penalty shall become a “Claim” or “Debt” as defined in Section 3701(b)(1) of the Debt 
Collection Improvement Act of 1996 (DCIA).
40
  
20. Suspended Penalty. Mt. Rushmore further agrees that, upon an Event of Default (as 
described below in paragraph 22), it will pay a further civil penalty to the United States Treasury in the 
amount of one hundred thirty-four thousand, five hundred dollars ($134,500) (Additional Civil Penalty).  
Mt. Rushmore acknowledges and agrees that upon an Event of Default, the Additional Civil Penalty shall 
also become a “Claim” or “Debt” as defined in Section 3701(b)(1) of the DCIA,
41
and all procedures for 
collection of the Additional Civil Penalty may, at the Commission’s discretion, be initiated against Mt. 
Rushmore.  In the event, Mt. Rushmore shall assign or transfer any of the Stations to a party not currently 
affiliated with Mt. Rushmore, the Commission shall not enforce the Civil Penalty against such assignee or 
transferee.  
                                                     
39
47 C.F.R. § 1.16.
40
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) (DCIA).
41
Id.
Federal Communications Commission DA 16-304
10
21. Payment.  Mt. Rushmore shall send electronic notification of payment to WR-
Response@fcc.gov on the date payment is made.  The payment must be made by check or similar 
instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced 
above.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be 
submitted.
42
  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).  Below are 
additional instructions that should be followed based on the form of payment selected:
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, 
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov. 
22. Event of Default.  Mt. Rushmore agrees that an Event of Default shall occur upon (1) the 
failure to pay the Civil Penalty to the United States Treasury on or before the day specified in paragraph 
18; (2) the release of an order within three years of the Effective Date by the Commission, such as a 
Notice of Apparent Liability for Forfeiture that is uncontested or a Forfeiture Order, finding that Mt. 
Rushmore or any other entity owned, operated, or controlled by, or under common control with  Mt. 
Rushmore violated the Antenna Structure Lighting Rules, FCC Inspection Rules, Licensing Rules, Main 
Studio Rules, or Public Inspection File Rules; or (3) the release of an order by the Commission finding 
that Mt. Rushmore materially misstated its financial condition in the documents it produced to support its 
claim of inability to pay.  
23.   Interest, Charges for Collection, and Acceleration of Maturity Date. Upon an Event 
of Default, all procedures for collection permitted by the DCIA and other provisions of law
43
may, at the 
Commission’s discretion, be initiated and the following shall become immediately due and payable, 
without notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by 
Mt. Rushmore:  (a) any unpaid Civil Penalties referenced in paragraph 19, which shall accrue interest at a 
rate of the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75 percent per annum from 
the date of the Event of Default until payment in full; (b) the Additional Civil Penalty referenced in 
paragraph 20, which shall accrue interest at a rate of the U.S. Prime Rate in effect on the date of the Event 
of Default plus 4.75 percent per annum from the date of the Event of Default until payment in full; (c) any 
penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717; and (d) any 
administrative charge(s), including the costs of collection, litigation, and attorneys’ fees.
                                                     
42
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
43
See 31 C.F.R. Part 900, et seq.
Federal Communications Commission DA 16-304
11
24. Waivers.  As of the Effective Date, Mt. Rushmore 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.  Mt. Rushmore shall retain the right to 
challenge Commission interpretation of the Consent Decree or any terms contained herein.  If either Party 
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the 
Consent Decree or the Adopting Order, neither Mt. Rushmore nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and Mt. Rushmore shall waive any statutory right to 
a trial de novo.  Mt. Rushmore hereby agrees to waive any claims it may have under the Equal Access to 
Justice Act
44
relating to the matters addressed in this Consent Decree.
25. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
26. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
27. Subsequent Rule or Order.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent Rule or Order adopted by the Commission, that provision will be 
superseded by such Rule or Order.
28. Successors and Assigns.  The provisions of this Consent Decree shall be binding only 
upon any successors entities or assigns upon which Mt. Rushmore or its principal, Jan Charles Gray, has 
an attributable interest. 
29. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigations.  
30. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
31. Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
32. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions.
                                                     
44
See 5 U.S.C. § 504; 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission DA 16-304
12
33. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Jan Charles Gray
President
Mt. Rushmore Broadcasting, Inc.
______________________________
Date