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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )
                              )
California State University at Sacramento    )
                              )
Permittee, KKTO(FM),               )
Tahoe City, California             )
                              )
For a Forfeiture                   )

                   MEMORANDUM OPINION AND ORDER


   Adopted:  June 22, 1999              Released:  June 23, 1999

By the Chief, Mass Media Bureau:

     1.  The Chief, Mass Media Bureau, acting pursuant to authority delegated by Section 0.283 of the
Commission's Rules, released on March 9, 1999, a Notice of Apparent Liability ("NAL") to California
State University at Sacramento ("Cal State") for willful and repeated violations of Section 319(a) of the
Communications Act of 1934, as amended (the "Act"), 47 U.S.C.  319(a).  California State University at
Sacramento, DA 99-472 (MMB 1999) ("CSU").  As set forth in detail in CSU, Cal State, permittee of
Station KKTO(FM), Lake Tahoe, California, constructed facilities for KKTO(FM) without prior
Commission authorization.  The NAL was issued at the direction of the Commission, which previously
found that Cal State had constructed KKTO(FM) without appropriate authorization.  See California State
University at Sacramento, 13 FCC Rcd 17960 (1998).  Now before us is Cal State's response to the NAL
filed pursuant to Section 1.80 of the Commission's Rules.

     2.  The NAL observed that Cal State's unauthorized construction occurred during the pendency of
an application to modify its then existing construction permit.  On August 11, 1997, the Commission
granted Cal State's modification application.  As concluded in the NAL, any statutory violation relative to
unauthorized construction by Cal State ceased as of that date.  

     3.  Under Section 503(b)(1)(A) of the Act, the Commission may assess a forfeiture against a
person who has "failed to comply substantially with the terms and conditions of any ... permit...." 
However, as noted by Cal State, Section 503(b)(6)(B) provides that a forfeiture cannot be imposed on a
person not holding a broadcast station license "if the violation charged occurred more than 1 year prior to
the date of issuance of the required notice."  Inasmuch as the violation committed by Cal State, then a
permittee for KKTO(FM), ended on August 11, 1997, more than one year before the issuance of the NAL,
the NAL must be cancelled.  See Roy M. Speer, 13 FCC Rcd 19911, 19920 (1998).  
     4.  Accordingly, IT IS ORDERED, that, pursuant to Section 1.80(f) of the Commission's Rules,
47 C.F.R.  1.80(f), the forfeiture proposed in CSU IS CANCELLED.

     
                         FEDERAL COMMUNICATIONS COMMISSION




                         Roy J. Stewart
                         Chief, Mass Media Bureau