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

In the Matter of                  )
                                 )
Capstar Radio Operating Company   )       File Number EB-02-LA-225
Licensee of station KIXW-AM       )     NAL/Acct. No. 200332900001
Registered Owner of ASR Number    )               FRN 0005-7937-16 
1018351                           )
Apple Valley, California          )



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                Released:  December 30, 2002

By the Enforcement Bureau, Los Angeles Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we find  that Capstar  Radio Operating  Company 
(``Capstar''),  the registered  owner  of Antenna  Structure 
Registration  (``ASR'')  number  1018351  in  Apple  Valley, 
California  apparently  willfully  and  repeatedly  violated 
Sections  17.4(g) and  17.57 of  the Federal  Communications 
Commission (``FCC'' or ``Commission'') Rules and Regulations 
(``Rules'')  by failing  to  display  the antenna  structure 
registration number  near the base of  the antenna structure 
and  by failing  to notify  the  Commission of  a change  in 
ownership  information.1  We  conclude, pursuant  to Section 
503(b)  of  the  Communications  Act  of  1934,  as  amended 
(``Act''),2 that Capstar is apparently liable for forfeiture 
in the amount of five thousand dollars ($5,000).

                         II.  BACKGROUND

     2.   On June  5, 2002, agents from  the FCC Enforcement 
Bureau's Los  Angeles Field Office inspected  the tower used 
by Capstar for station  KIXW-AM in Apple Valley, California.  
According to  the ASR for  the tower, painting  and lighting 
must be maintained  on the structure in  accordance with FAA 
Circular Number 70/7460-1J, chapters 3,  4, 5 and 13.  These 
requirements  include  red  lights at  night,  and  aviation 
orange and white paint for  daytime marking.  At the time of 
the  inspection on  June  5, 2002,  the  FCC's ASR  database 
listed Ruby  Broadcasting, Inc., as the  registered owner of 
the antenna structure number 1018351.  

     3.   On June  5, 2002, no  ASR number was  displayed at 
the  base of  the  tower.  The  antenna  structure had  been 
painted with seven bands of  orange and white paint, however 
the paint was faded, chipped and peeling, and oxidized.  The 
fencing at the base of  the uni-pole tower was in disrepair, 
with the northwest corner post loose and tilting over.   



                      III.  DISCUSSION

     4.   Section 503(b) of the Act provides that any person 
who willfully  or repeatedly  fails to  comply substantially 
with the terms  and conditions of any  license, or willfully 
or repeatedly fails to comply  with any of the provisions of 
the Act  or of any rule,  regulation or order issued  by the 
Commission  thereunder, shall  be  liable  for a  forfeiture 
penalty.  The term  "willful" as used in  Section 503(b) has 
been interpreted to  mean simply that the  acts or omissions 
are   committed  knowingly   and   ``repeated''  means   the 
commission or omission of the act more than once or for more 
than one day.3

     5.   Section 17.4(g)  of the Rules states  that the ASR 
number must be  displayed in a conspicuous place  so that it 
is readily visible  near the base of  the antenna structure.  
At  the time  of  the  inspection, the  ASR  number was  not 
displayed.  

     6.   Section  17.57  of   the  Rules  requires  antenna 
structure owners to immediately  notify the Commission using 
FCC Form  854 upon any  change in ownership  information. At 
the  time   of  the  inspection,  ASR   number  1018351  was 
registered  to  Ruby  Broadcasting, Inc.   Capstar  acquired 
ownership of this tower in September of 2000, yet as of June 
5, 2002, Capstar had failed  to notify the Commission of the 
change in ownership.  On October 11, 2002, Capstar filed the 
required  updated ownership  information  for the  structure 
with the Commission.  

     7.   Based on the  evidence before us, we  find that on 
June 5, 2002, Capstar failed to  post the ASR number for the 
tower  number  1018351,  and  failed to  timely  notify  the 
Commission of  the change in  ownership of the  structure in 
willful and repeated violation of Sections 17.4(g) and 17.57 
of the Rules.

     8.   Section 17.50 of the Rules states that ``[a]ntenna 
structures  requiring  painting  under this  part  shall  be 
cleaned or repainted as often  as necessary to maintain good 
visibility.''     The    Commission's   antenna    structure 
construction, marking  and lighting requirements  operate in 
concert  with   FAA  regulations  to  ensure   that  antenna 
structures do  not present  hazards to air  navigation.  The 
ASR  for structure  1018351  specifies  aviation orange  and 
white paint for daytime marking, in accordance with chapters 
3, 4, 5, and 13 of  FAA Circular 70/7460-1J.  At the time of 
the  inspection the  paint bands  on the  tower were  faded, 
chipped and peeling, and oxidized.  

     9.   Section  73.49 of  the Rules  states in  part that 
"[a]ntenna towers  having radio  frequency potential  at the 
base  (series  fed,  folded   unipole,  and  insulated  base 
antennas) must be enclosed within effective locked fences or 
other enclosures."   The antenna system on  the structure is 
described  on the  license  for station  KIXW  as a  series-
excited radiator.   A "series excited" radiator  may also be 
described as  a "series fed" radiator.   The AM transmission 
fencing requirements  thus apply to this  antenna structure.  
At the  time of the inspection,  the fencing at the  base of 
the structure was in  disrepair.   Effective base fencing is 
an  important  safety  requirement.  AM  series-fed  antenna 
structures radiate energy that  renders any physical contact 
with the  antenna structure itself extremely  dangerous.  In 
addition, AM  antenna structures  are capable  of generating 
radio frequency fields at the  base of the antenna structure 
that  may   exceed  the  Commission's   maximum  permissible 
exposure  guidelines.    Effective  base  fencing   is  thus 
important  to prevent  possible contact  with the  radiating 
structure and excessive radio frequency radiation exposure.  

     10.  Failure  to  properly  maintain  required  antenna 
structure marking and failure to properly maintain effective 
base  fencing  may  result   in  imposition  of  a  monetary 
forfeiture, pursuant to Section  1.80 of the Rules.  Capstar 
must  respond  in writing  with  a  statement of  corrective 
action taken, or  to be taken, to ensure  ASR number 1018351 
is in full compliance with the antenna structure marking and 
base fencing Rules. 

     11.  Pursuant to  Section 1.80(b)(4)  of the  Rules and 
The Commission's  Forfeiture Policy Statement  and Amendment 
of Section 1.80  of the Rules to  Incorporate the Forfeiture 
Guidelines,  ("Forfeiture  Policy   Statement"),4  the  base 
forfeiture amount for failure  to post the antenna structure 
registration number is $2,000 and the base forfeiture amount 
for  failure  to  file  required  forms  or  information  is 
$3,000.5  In  assessing the  monetary forfeiture  amount, we 
must also take into account  the statutory factors set forth 
in Section  503(b)(2)(D) of  the Communications Act  of 1934 
(``Act''),   as   amended,   which   include   the   nature, 
circumstances, extent, and gravity  of the violation(s), 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.6   Considering the  entire 
record and  applying the  statutory factors listed  above, a 
$5,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     12.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section  503(b)  of  the  Communications  Act  of  1934,  as 
amended,  and   Sections  0.111,  0.311  and   1.80  of  the 
Commission's  Rules,  Capstar  Radio Operating  Company,  is 
hereby NOTIFIED  of its APPARENT LIABILITY  FOR A FORFEITURE 
in  the  amount of  five  thousand  dollars ($5,000.00)  for 
willful and repeated violation of Sections 17.4(g) and 17.57 
of the Rules.7

     13.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release date  of this NOTICE OF  APPARENT LIABILITY, Capstar 
Radio Operating  Company, SHALL PAY  the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     14.  Payment of the forfeiture may be made by mailing a 
check or  similar instrument,  payable to  the order  of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The  payment must  include  the FRN  and  the NAL/Acct.  No. 
referenced in the caption. 

     15.  The response,  if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, SW, Washington, DC  20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and must include the FRN 
and NAL/Acct. No. referenced in the caption. 

     16.  The  Commission  will  not  consider  reducing  or 
canceling a forfeiture  in response to a  claim of inability 
to  pay  unless  the  petitioner submits:  (1)  federal  tax 
returns for the most recent three-year period; (2) financial 
statements   prepared   according  to   generally   accepted 
accounting practices (``GAAP''); or  (3) some other reliable 
and  objective documentation  that  accurately reflects  the 
petitioner's  current   financial  status.   Any   claim  of 
inability to  pay must  specifically identify the  basis for 
the  claim  by  reference  to  the  financial  documentation 
submitted.  

     17.  Requests for  payment of  the full amount  of this 
Notice  of  Apparent  Liability under  an  installment  plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and  Receivables Operations Group, 445  12th Street, 
SW, Washington, D.C. 20554.8

     18.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L.  No. 107-198, 116 Stat.  729(June 28,2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in  forfeitures. If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL  or in  a  separate filing  to be  sent  to the  Federal 
Communications Commission, Enforcement Bureau, Technical and 
Public Safety  Division. Your certification  should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your response  or failure  to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you have questions  regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     19.    IT  IS  FURTHER  ORDERED  THAT  this  NOTICE  OF 
APPARENT LIABILITY  shall be sent by  Certified Mail, Return 
Receipt Requested, to Capstar  Radio Operating Company, 2625 
S. Memorial Drive, Suite A, Tulsa, OK 74129.

                              

                              FEDERAL         COMMUNICATIONS 
COMMISSION
                         


                              Catherine Deaton
                              District Director, Enforcement 
Bureau
_________________________

1  47 C.F.R.  17.4(g) and 17.57.
2  47 U.S.C.  503(b).
3  Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), 
which applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that 
"[t]he term 'willful', when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective 
of any intent to violate any provision of this Act or any 
rule or regulation of the Commission authorized by this 
Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).  Section 312(f)(2), which also applies to 
Section 503(b), provides: ``[t]he term ``repeated'', when 
used with reference to the commission or omission of any 
act, means the commission or omission of such act more than 
once or, if such commission or omission is continuous, for 
more than one day.   
4  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999).
5  47 C.F.R.  1.80(b)(4); American Tower Corporation, 16 
FCC Rcd 1282 (2001) ($2000 is an appropriate base forfeiture 
amount for failure to post the ASR).
6  47 U.S.C.  503(b)(2)(D).
7  47 C.F.R.  0.111, 0.311, 1.80 and 17.4(g) and 17.57.
8  See 47 C.F.R.  1.1914.