******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) Notice of Apparent ) File No. BRCT-921201KZ Liability for Forfeiture ) Issued to ) KXRM Partnership for ) Station KXRM-TV ) Colorado Springs, Colorado ) MEMORANDUM OPINION AND ORDER AND NOTICE OF FORFEITURE Adopted: March 6, 1997; Released: March 17, 1997 By the Commission: 1. The Commission has before it for consideration a Notice of Apparent Liability ("NAL") for forfeiture released May 14, 1996, directed to KXRM Partnership, licensee of Station KXRM-TV, Colorado Springs, Colorado. See KXRM Partnership, FCC 96-174, released May 14, 1996 ("KXRM"). The Commission issued an NAL for $13,000 to KXRM Partnership for failing to pursue adequate Equal Employment Opportunity (EEO) recruitment efforts and failing to maintain sufficient records for meaningful self-assessment, in violation of the Commission's EEO Rule, 47 C.F.R.  73.2080. 2. KXRM Partnership has not responded to the NAL, other than to submit a settlement agreement with the Colorado Springs Minority Coalition, the petitioner, in which the parties agreed that the Commission's decision in KXRM should become final and should no longer be subject to "reconsideration, review or appeal." This agreement was approved by the Commission on August 27, 1996. Accordingly, we incorporate herein by reference the licensee's record of inadequate efforts, as set forth in KXRM. Based on that record, we conclude that our determination in KXRMwas correct that a forfeiture of $13,000 is warranted for the licensee of KXRM-TV. 3. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b), that KXRM Partnership FORFEIT to the United States the sum of thirteen thousand dollars ($13,000) for failing to comply with the Commission's EEO provisions, 47 C.F.R. 73.2080. Full payment of the forfeiture may be made by mailing to the Commission a check or similar instrument payable to the Federal Communications Commission within 30 days of the release date of this Order. In regard to this forfeiture proceeding, the licensee may take appropriate action as set forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, and Section 504(a) of the Communications Act of 1934, as amended, 47 U.S.C.  504(a), as summarized in the attachment to this Memorandum Opinion and Order and Notice of Forfeiture. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary