Federal Communications Commission DA 10-24 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In the Matter of 
Mt. Rushmore Broadcasting, Inc. 
KRAL(AM) 
Rawlins, Wyoming 
Facility ID # 46736 
KIQZ(FM) 
Rawlins, Wyoming 
Facility ID # 46737 
))))))))))) 
File Numbers: EB-08-DV-0166 
EB-08-DV-0169 
NAL/Acct. No.: 200932800003 
FRN: 0008230559 
FORFEITURE ORDER 
Adopted: January 8, 2010 Released: January 8, 2010 
By the Regional Director, Western Region, Enforcement Bureau: 
I. INTRODUCTION 
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of 
seventeen thousand, five hundred dollars ($17,500) to Mt. Rushmore Broadcasting, Inc. ("Mt. Rushmore"), 
licensee of stations KRAL(AM) and KIQZ(FM) serving Rawlins, Wyoming, for willful and repeated 
violation of Section 11.35(a) of the Commission’s Rules (“Rules”), Section 73.3526 of the Rules, and 
Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules.1 On December 10, 2008, the Enforcement 
Bureau’s Denver Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of 
$20,000 to Mt. Rushmore for failing to ensure the operational readiness of the KRAL(AM) and KIQZ(FM) 
Emergency Alert System ("EAS") equipment; for failing to maintain a complete public inspection file for 
KRAL(AM) and KIQZ(FM); and for failing to operate station WHB734, an aural studio-transmitter-link 
("STL"), from its licensed location. In this Order, we consider Mt. Rushmore’s arguments that its 
violations were not willful, that the violations were corrected after the inspection took place, and that the 
violations were not discovered during a prior inspection. 
II. BACKGROUND 
2. On April 10, 2008, agents from the Enforcement Bureau's Denver District Office 
conducted an inspection of KRAL(AM) and KIQZ(FM) at the stations' main studio location of 2346 W. 
Spruce Street, in Rawlins, Wyoming. The inspection revealed that the EAS receive system utilized by 
both KRAL(AM) and KIQZ(FM) was not operational. The agents reviewed the KRAL(AM) and 
KIQZ(FM) EAS logs and observed that the all of the EAS entries were logged as Required Weekly Test 
("RWT") transmitted by KRAL(AM) and KIQZ(FM) from October 31, 2007 to April 1, 2008. In 
response to questions from the Denver agents, Mt. Rushmore staff stated that the station was only 
transmitting the RWT. The staff claimed their understanding of the EAS equipment testing requirements 
was to transmit the RWT once a week and make a log entry. Therefore, the station did not observe or log 
1 47 C.F.R. §§ 11.35(a), 73.3526, 1.903(a), 1.947(a), and 74.532(e).

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the reception of any EAS activations or test. A physical inspection of the EAS equipment showed no 
evidence from the EAS encoder/decoder's printouts of any EAS activations or test being received. 
3. Also on April 10, 2008, the Denver agents inspected the aural studio-to-transmitter link 
("STL"), call sign WHB734, operating on a center frequency of 950.000 MHz, from the Mt. Rushmore 
studio at 2346 Spruce Street in Rawlins, Wyoming. The coordinates of the Mt. Rushmore studio are 
approximately 41º 47' 04" north latitude, 107º 15' 49" west longitude. At the time of the inspection, 
station WHB734 was operating from these coordinates. According to the WHB734 station authorization, 
the licensed coordinates are 41º 47' 18.8" north latitude, 107º 14' 33.1" west longitude with a physical 
street address of 415 West Buffalo Street, in Rawlins, Wyoming. 
4. On April 11, 2008, the Denver agents returned to the Mt. Rushmore studio. The agents 
suggested that the Mt. Rushmore manager contact the stations' primary (LP-1) and secondary (LP-2) 
assignments to request an EAS test. KRAL(AM) and KIQZ(FM) are located in Carbon County, 
Wyoming. According to the Wyoming State Plan for the Emergency Alert System at the time of the 
inspection, with the most recent update noted on May 25, 2007, the LP-1 and LP-2 assignments were 
KUWR-FM and NOAA, respectively. 
5. The Denver agents also conducted an examination of the public inspection files for 
KRAL(AM) and KIQZ(FM) with the stations' manager on April 11, 2008. Among the items reviewed, 
the agents requested the quarterly radio issues/programs list for all quarters beginning from the term of 
the last renewal on October 1, 2005. The manager was unable to locate these items within the 
KRAL(AM) and KIQZ(FM) public inspection files. 
6. When the inspections were completed on April 11, 2008, the agents reviewed the 
violations with the stations' manager. During the review, the agents informed the manager of the location 
violations found with the WHB734 station license. The manager stated that the WHB734 STL had been 
relocated from the 415 West Buffalo Street studio location to the 2346 Spruce Street Studio more than a 
year prior to the inspection. On April 11, 2008, station WHB734 continued transmitting on a center 
frequency of 950.000 MHz. 
7. On December 10, 2008, a review of the Commission's databases reflected neither a 
change in the coordinates nor a change in the fixed location address for station WHB734. Additionally, 
there were no applications pending in the system for modifications to correct the licensing errors the 
agents communicated to Mt. Rushmore. 
8. On December 10, 2008, the Denver Office issued a NAL in the amount of $20,000 to Mt. 
Rushmore.2 In the NAL, the Denver Office found that Mt. Rushmore apparently willfully and repeatedly 
violated Section 11.35(a) of the Rules by failing to ensure the operational readiness of the KRAL(AM) and 
KIQZ(FM) EAS equipment; Section 73.3526 of the Rules, by failing to maintain a complete public 
inspection file for KRAL(AM) and KIQZ(FM); and Sections 1.903(a), 1.947(a), and 74.532(e) of the Rules 
by failing to operate station WHB734 from its licensed location.3 Mt. Rushmore filed a response 
(“Response”) to the NAL on January 15, 2009. In its Response, Mt. Rushmore argues that its violations 
were not willful, that the violations were corrected after the inspection took place, and that the violations 
were not discovered during a prior inspection. 
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200932800003 (Enf. Bur., Western Region, Denver 
Office, released December 10, 2008). 
3 47 C.F.R. §§ 11.35(a), 73.3526, 1.903(a), 1.947(a), and 74.532(e).

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III. DISCUSSION 
9. The proposed forfeiture amount in this case was assessed in accordance with Section 
503(b) of the Act,4 Section 1.80 of the Rules,5 and The Commission’s Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines.6 In examining the 
Response, Section 503(b) of the Act requires that the Commission 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 other such matters as justice may require.7 
10. The Rules provide that 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 
not participate.8 The EAS provides the President and state and local governments with the capability 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 EAS is 
critical to public safety. Broadcasters play a vital role in ensuring the success of the EAS. The 
Commission takes seriously any violations of the Rules implementing the EAS and expects full 
compliance from its licensees. 
11. Section 11.35 of the Rules requires all broadcast stations to ensure that EAS encoders, 
EAS decoders and Attention Signal generating and receiving equipment is installed and operational so 
that the monitoring and transmitting functions are available during the times the station is in operation. 
Broadcast stations must also determine the cause of any failure to receive required monthly and weekly 
EAS tests, and must indicate in the station’s log why any required tests were not received and when 
defective equipment is removed and restored to service.11 Section 11.52(d) of the Rules requires 
broadcast stations to monitor at least two EAS sources.12 The monitoring assignments of each broadcast 
station are specified in the State EAS Plan and FCC Mapbook. The requirement that stations monitor at 
least two EAS sources ensures redundancy of the EAS system in the event one of the sources fails. 
Section 11.61(a)(1) and (2) of the Rules requires broadcast stations to (a) receive monthly EAS tests from 
4 47 U.S.C. § 503(b). 
5 47 C.F.R. § 1.80. 
6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). 
7 47 U.S.C. § 503(b)(2)(E). 
8 47 C.F.R. §§ 11.11 and 11.41. 
9 47 C.F.R. §§ 11.1 and 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. 
11 47 C.F.R. § 11.35(a) and (b). 
12 47 C.F.R. § 11.52(d).

Federal Communications Commission DA 10-24 
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designated local primary EAS sources and retransmit the monthly test within 60 minutes of its receipt and 
(b) conduct tests of the EAS header and EOM codes at least once a week at random days and times.13 The 
requirement that stations monitor, receive and retransmit the required EAS tests ensures the operational 
integrity of the EAS system in the event of an actual disaster. Appropriate entries must be made in the 
broadcast station log as specified in Sections 73.1820 and 73.1840, indicating reasons why any tests were 
not received or transmitted.14 On April 11, 2008, the inspection and investigation by the Denver agents 
revealed that the EAS equipment for KRAL(AM) and KIQZ(FM) was apparently not operational because 
no evidence was found demonstrating the functionality of the equipment to receive tests and alerts from 
the assigned EAS LP-1 and LP-2 stations. Mt. Rushmore staff acknowledged that the stations did not 
utilize the EAS equipment to receive the required RMTs. Additionally, Mt. Rushmore failed to document 
in the EAS logs the lack of functionality of the EAS equipment for receipt of EAS transmissions. 
12. Mt. Rushmore argues that this violation, along with the other violations, was not willful 
because Mt. Rushmore relied on a manager “who was not being truthful” and who was later terminated by 
Mt. Rushmore. Mt. Rushmore further argues that the Commission should hold the manager, and not Mt. 
Rushmore, liable for the forfeiture amount. We find no merit to these arguments. The Commission has 
long held that “licensees are responsible for the acts and omission of their employees and independent 
contractors,”15 and has consistently “refused to excuse licensees from forfeiture penalties where the 
actions of employees or independent contractors have resulted in violations.”16 Mt. Rushmore also argues 
that it fixed the EAS issues immediately after the inspection. We note that this does not provide a basis 
for a downward adjustment in the proposed forfeiture, as the Commission has stated in the past that a 
licensee is expected to correct errors when they are brought to the licensee’s attention and that such 
correction is not grounds for a downward adjustment in the forfeiture.17 
13. Section 73.3526(a)(2) of the Rules requires that every licensee of an AM and FM station 
licensee shall maintain a public inspection file containing the material, relating to that station, described 
in paragraphs (e)(1) through (e)(10) and paragraphs (e)(12) through (e)(14) of this section as well as 
paragraph (e)(16) of this section.18 Further, as required by Section 73.3526(b), the public inspection file 
shall be maintained at the station's main studio location.19 Section 73.3526(e)(12) of the Rules requires 
licensees to place in their public inspection file, for each calendar quarter, a list of programs that have 
13 47 C.F.R. § 11.61. The required monthly and weekly tests are required to conform to the procedures in the EAS 
Operational Handbook. See also, Amendment of Part 11 of the Commission’s Rules Regarding the Emergency Alert 
System, 17 FCC Rcd 4055 (2002) (effective May 16, 2002, the required monthly EAS test must be retransmitted within 
60 minutes of receipt). 
14 47 C.F.R. §§ 73.1820 and 73.1840. 
15 Eure Family Limited Partnership, Memorandum Opinion and Order, 17 FCC Rcd 21861, 21863-64 (2002) (“Eure”); 
MTD, Inc., Memorandum Opinion and Order, 6 FCC Rcd 34, 35 (1991); Wagenvoord Broadcasting Co., 
Memorandum Opinion and Order, 35 FCC 2d 361 (1972); see also, Rama Communications, Inc., Memorandum 
Opinion and Order, 23 FCC Rcd 18209, 18211 (EB 2008) (“[W]here lapses in compliance occur, neither the negligent 
acts nor omissions of station employees or agents, nor the subsequent remedial actions undertaken by the licensee, 
excuse or nullify the licensee’s rule violation.”) 
16 See Eure, 17 FCC Rcd at 21863-64; Triad Broadcasting Company, Inc., Memorandum Opinion and Order, 96 
FCC 2d 1235, 1244 (1984). 
17AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002); see supra Rama Communications, Inc, 
18 47 C.F.R. § 73.3526(a)(2). 
19 47 C.F.R. § 73.3526(b).

Federal Communications Commission DA 10-24 
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provided the station's most significant treatment of community issues during the preceding three month 
period.20 This list is known as the radio issues/programs list and copies of the lists must be maintained in 
the file until final action has been taken on the station's next renewal application. The public inspection 
files for KRAL(AM) and KIQZ(FM) were missing quarterly radio issues/program lists for all quarters 
during the license term, which began on October 1, 2005. Therefore, Mt. Rushmore failed to comply with 
Section 73.3526(e)(12) of the Rules. Mt. Rushmore was aware of the requirement to have a complete 
public inspection file for KRAL(AM) and KIQZ(FM) given its response in the renewal applications, FCC 
Form 303-S, filed June 1, 2005.21 In Section III, Question 3, for each station, Mt. Rushmore certified that 
the public inspection file had the proper documentation as required by Section 73.3526. The station 
manager indicated he did not know the whereabouts of the material missing from the public inspection 
files, and no evidence could be found that the missing material was ever in place. 
14. Mt. Rushmore argues that this violation is also the fault of its manager who “simply 
panicked,” did not know where the public file was, and failed to contact the employee who was 
responsible for the public file. Mt. Rushmore states that the file was actually complete and that a copy, 
along with an affidavit, could be sent to the Commission for verification. According to the Denver agents, 
however, the Mt. Rushmore manager did telephone and consult with the employee who was responsible 
for the public inspection file several times during the inspection. Reductions based on good faith efforts 
to comply generally involve situations where violators demonstrate that they initiated measures to correct 
or remedy violations prior to a Commission inspection or investigation.22 We accept Mt. Rushmore’s 
explanation concerning the misplacement of the issues/programs lists and, consequently, we find that Mt. 
Rushmore’s efforts warrant a good faith reduction of the proposed forfeiture amount and we reduce the 
proposed forfeiture from $8,000 to $5,500. We decline, however, to cancel the forfeiture because, the 
issue/programs lists were not available for inspection by either the Denver agents or the public, on the day 
of the inspection.23 
15. 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.24 Section 1.947(a) of the Rules requires that all major 
modifications as defined in Section 1.929 of the Rules require prior Commission approval.25 Section 
1.929(d)(1)(i) of the Rules defines one of the major actions as "any change in transmit antenna location 
by more than 5 seconds in latitude or longitude for fixed point-to-point facilities."26 Section 74.532(e) of 
the Rules states that each aural broadcast auxiliary station will be licensed at a specified transmitter 
location to communicate with a specified receiving location, and the direction of the main radiation lobe 
of the transmitting antenna will be a term of the station authorization.27 At the time of the inspection on 
20 47 C.F.R. § 73.3526(e)(12). 
21 See Mt. Rushmore's renewal applications for KRAL(AM) and KIQZ(FM), File Nos. BR-200500601BCT and BRH- 
20050601BCQ, respectively. Both applications were granted on September 28, 2005. 
22 See Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 (2003), recon. denied, 18 FCC Rcd 25481 (2003). 
23 See Lazer Licenses, LLC, 23 FCC Rcd 2589 (EB 2008). 
24 47 C.F.R. § 1.903(a). 
25 47 C.F.R. § 1.947(a). 
26 47 C.F.R. § 1.929(d)(1)(i). 
27 47 C.F.R. § 11.35(a), 73.3526, 1.903(a), 1.947(a) and 74.532(e).

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April 10, 2008, Mt. Rushmore was found operating radio station WHB734 from a location inconsistent 
with the station's authorized coordinates and street address. The distance separating the point of operation 
from that of the license was greater than 1.1 miles (specifically, a difference of approximately 15 seconds 
of latitude and approximately 76 seconds of longitude). The licensee's station manager acknowledged the 
licensing inaccuracies, noting that station WHB734 had been operating from this location for over a year. 
16. Mt. Rushmore does not deny that WHB734 was operating from an incorrect location. 
Instead, Mt. Rushmore argues that studio location had not changed since Mt. Rushmore purchased the 
station in 1993, and that it assumed that the actual location of WHB734 was “very close” to its prior 
location, which is the location listed on its license. It also argues that a prior inspection by the Denver 
Office in 1998 did not mention this violation. We find no reason to reduce the proposed forfeiture 
amount for this violation. We note that Mt. Rushmore is a Commission licensee and is responsible for 
knowing and complying with the terms of its authorization and the Act and the Rules.28 We also note that 
the fact that a prior inspection did not reveal the violation does not excuse the violation.29 Also, despite 
Mt. Rushmore’s assurance that it was making a filing to amend the license, no such filing has been made, 
and Mt. Rushmore continues to operate WHB734 more than one mile from its licensed location. We 
therefore decline to decrease the forfeiture amount and we order Mt. Rushmore to file a report with the 
Denver Office detailing its compliance with the location requirements in its license, WHB734, and this 
Order within 30 days of the date of this Order. 
17. Mt. Rushmore also requests a 50% reduction of the proposed forfeiture because the 
AM/FM simulcast stations purportedly are failing. However, Mt. Rushmore did not submit the 
documentation, including three years of tax returns, to support an inability to pay claim. Therefore, no 
reduction for inability to pay is warranted. 
18. We have examined the Response to the NAL pursuant to the statutory factors above, and 
in conjunction with the Forfeiture Policy Statement. As a result of our review, we conclude that Mt. 
Rushmore willfully and repeatedly violated Sections 1.903(a), 1.947(a), 11.35(a), 73.3526, and 74.532(e) 
of the Rules. Considering the entire record and the factors listed above, we find that reduction of the 
proposed forfeiture to $17,500 is warranted. 
IV. ORDERING CLAUSES 
19. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”), and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission’s Rules, Mt. Rushmore Broadcasting, Inc., IS LIABLE FOR A MONETARY 
FORFEITURE in the amount of $17,500 for willfully and repeatedly violating Sections 1.903(a), 
1.947(a), 11.35(a), 73.3526, and 74.532(e) of the Rules.30 
20. IT IS FURTHERED ORDERED THAT, within 30 days of the release of this Order, 
Mt. Rushmore Broadcasting, Inc., file with the District Director, Denver Office, the report required in 
28 See Discussion Radio Incorporated, Memorandum Opinion and Order and Notice of Apparent Liability for 
Forfeiture, 19 FCC Rcd 7433, 7437 (2004). We note that the license for WHB734 expressly lists the fixed address as 
415 West Buffalo, which is not where the station is located. 
29 J.B. McNutt, 37 FCC 2d 432 (1972). The 1998 inspection of KRAL and KIQZ focused on the stations’ EAS 
equipment and determined that Mt. Rushmore violated the EAS rules. See Mount Rushmore Broadcasting, Inc., 13 
FCC Rcd 5265 (CIB 1998) 
30 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 1.903(a), 1.947(a), 11.35(a), 73.3526, 74.532(e).

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paragraph 16 above. 
21. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within 30 days of the release of this 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.31 Payment of the forfeiture must be made by check or similar instrument, payable to the order of the 
Federal Communications Commission. The payment must include the NAL/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. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: 
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Mount Rushmore 
Broadcasting, Inc., will also send electronic notification on the date said payment is made to WRResponse@
fcc.gov. 
22. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail 
and Certified Mail Return Receipt Requested to Mt. Rushmore Broadcasting, Inc., at its address of record. 
FEDERAL COMMUNICATIONS COMMISSION 
Rebecca L. Dorch 
Regional Director, Western Region 
Enforcement Bureau 
31 47 U.S.C. § 504(a).