In the Matter of Liability of Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 FM Broadcasters of Douglas County Fonner Licensee, Station KKMX(FM) Tri City, Oregon ) ) ) ) ) ) ) ) ) For a Forfeiture Adopted: April 7, 1999 MEMORANDUM OPINION AND ORDER AND FORFEITURE ORDER Released: April 8, 1999 By the Chief, Mass Media Bureau: DA 99-670 1. The Commission, by the Chief, Mass Media Bureau, acting pursuant to authority delegated by Section 0.283 of the Commission's Rules, has under consideration a Notice of Apparent Liability ("NAL"), 10 FCC Red 8254 (MMB 1995), issued to FM Broadcasters of Douglas County ("FBDC"), the former licensee of Station KKMX(FM), Tri City, Oregon. The NAL assessed a forfeiture of $10,000 against FBDC for its unauthorized transfer of control of Station KKMX(FM) from January 18, 1991, to December 8, 1991,ยท in violation of Section 310(d) of the Communications Act of 1934, as amended (the "Communications Act"), and Section 73.3540 of the Commission~ Rules. The apparent violations were brought to the Commission's attention in connection with an application for assignment of KKMX which was granted without prejudice to any enforcement action the Commission deemed appropriate (File No. BALH-9205 l lHT). 2. FBDC did not respond to the NAL and, accordingly, has provided us with no basis for rescission or reduction of the forfeiture amount. We note, however, that the applicable statute of limitations bars assessment of a forfeiture for some of the time period in question. The unauthorized transfer of control took place between January 18, 1991 and December 8, 1991. Station KKMX's license was renewed on June 6, 1991. Accordingly, the liability for forfeiture runs for six months, from June 6, 1991 to December 8, 1991. -A six month period of violation, however, is still substantial and. by itself, the reduction of the enforceable period of violation does not warrant a reduction in forfeiture in this case. 3. Accordingly, IT IS ORDERED. that FBDC FORFEIT to the United States the sum of ten thousand dollars ($10,000) for the willful and repeated violations of Section 310( d) of the Communications Act and Section 73.3540 of the Commission's Rules. Payment of the forfeiture may be made by mailing to the Commission, at the address indicated in the attachment to this Memorandum Opinion and Order, 6253 Federal Communications Commission DA 99-670 a check or similar instrument payable to the Federal Communications Commission. In regard to this forfeiture proceeding. the licensee may take any of the actions set forth in Section 1.80 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Enclosure 6254