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

In the Matter of                   )
                                  )
El Dorado 900, LLC                 ) File Number:  EB-02-LA-117
                                  ) NAL/Acct. No. 200232900004
Antenna Structure Registration     ) FRN  0006-7923-03
Number 1041257                     )
City of Industry, California       )





           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  June 28, 2002 

By the District Director, Los Angeles Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that El  Dorado 900, LLC,  (``El Dorado'')  the 
owner of Antenna  Structure Registration  # 1041257,  in City  of 
Industry, California  has apparently  willfully violated  Section 
303(q) of the Communications Act of 1934, as amended  (``Act''),1 
and Sections 17.23,  17.47(a), 17.48(a), 17.56  and 17.57 of  the 
Commission's Rules2 by:  (1) not maintaining required lighting on 
the antenna  structure;  (2) not  making  an observation  of  the 
antenna structures' lights  at least  once each  24 hours  either 
visually  or  by  observing  an  automatic  properly   maintained 
indicator designed to  register any failure  of such lights;  (3) 
failing to  notify the  FAA of  any observed  or otherwise  known 
extinguishment or improper functioning of any top steady  burning 
light or  any  flashing  obstruction  light,  regardless  of  its 
position on  the  antenna  structure,  not  corrected  within  30 
minutes; (4)  not  replacing  or  repairing  lights  as  soon  as 
practicable; and (5) by failing to  properly notify the FCC of  a 
change in  ownership  of  the antenna  structure.   We  conclude, 
pursuant to Section 503(b) of the Communications Act of 1934,  as 
amended (``Act''),3 that  El Dorado  is apparently  liable for  a 
forfeiture in the amount of fifteen thousand dollars ($15,000).

                         II.  BACKGROUND

     2.   On March 14,  2002, the Los  Angeles Office received  a 
referral from  the FCC's  Consumer Center  regarding a  complaint 
that all of  the lights on  Antenna Structure Registration  (ASR) 
number 1041257  had been  out for  over a  month.  The  complaint 
indicated that the structure was located near Workman High School 
in the City of  Industry, California and  that planes and  police 
helicopters frequently use the air  space in the vicinity of  the 
tower. 

     3.   According to  FCC databases,  ASR 1041257  is owned  by 
Robert Burdette  and  Associates,  Inc.,  and  must  comply  with 
painting and red obstruction lighting specifications contained in 
Chapters 3, 4, 5 and 13  of FAA Circular Number 70/7460-1J.   The 
structure  is  75.3  meters   above  ground  level,  is   located 
approximately six miles from an  airstrip, and serves as the  N#1 
antenna structure in a 2-tower AM array for station KALI.      

     4.   An Agent in the Los  Angeles Field Office attempted  to 
contact the  registered  tower owner  but  was unable  to  do  so 
because the telephone  number had  been disconnected  and was  no 
longer in  service.  The  Agent then  reported the  light  outage 
complaint directly  to  Multicultural Radio  Broadcasting,  Inc., 
licensee of station KALI-AM.  

     5.   On the evening of March  14, 2002, Agents from the  Los 
Angeles Office  conducted  a  visual inspection  of  the  antenna 
structure and confirmed that ASR  # 1041257 was completely  dark.  
Specifically, the top mounted flashing red obstruction beacon and 
the side mounted steady burning red lights were out.  The  Agents 
reported the light outages to the FAA's Riverside Flight  Service 
Station  and  a  15-day  NOTAM  was  issued.   Personnel  at  the 
Riverside Flight Service  Station stated that  there had been  no 
other light outage report made for ASR 1041257. 

     6.   Subsequent investigation  revealed  that  on  or  about 
February 8,  1999,  Robert  Burdette and  Associates,  Inc.,  had 
transferred ownership of the antenna structure to El Dorado  900, 
LLC.  FCC records do  not reflect any  notification of change  in 
ownership for ASR 1041257. 

     7.   Further investigation and inspections by a Los  Angeles 
Agent on March 19 and March 20, 2002, revealed that an  automated 
log was generated at the transmitter  site on a daily basis,  but 
no automated alarm system was installed for monitoring the  tower 
lights.  The automated  log reflected a  continuous light  outage 
beginning  on  December  28,  2001  and  remaining  out  on  each 
consecutive day through March 14,  2002, the last date  reflected 
on the log.  An employee of  El Dorado, who also was employed  by 
the licensee  of  KALI,  stated  he  periodically  retrieved  the 
automated station log report  generated at the transmitter  site, 
and sent it  via fax  to the  station's chief  operator.  The  El 
Dorado employee confirmed  that the light  indication reading  on 
the automated station log report  reflected a tower light  outage 
on the N#1 antenna structure.

     8.   On April 16, 2002, the El Dorado employee notified  the 
FCC that the  lights had  been repaired  on April  11, 2002.   No 
explanation was  provided for  why repair  of the  lights took  a 
month.


                      III.      DISCUSSION

     9.   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.4  The  term 
``repeated'' means the  commission or omission  of such act  more 
than once or for more than one day.5

     10.  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.   Generally, Sections 17.21 and  17.23 
of the Rules require owners  of antenna structures located  close 
to airports or that are greater than 200 feet in height to comply 
with prescribed painting and lighting specifications designed  to 
ensure air  safety.  Because  of  the substantial  public  safety 
issues involved,  Section 17.47  of  the Rules  further  requires 
antenna structure  owners  to  monitor lights  daily  or  install 
automatic alarm  systems  to  ensure  lights  function  properly.  
Antenna  structure  owners  are  required  to  maintain  lighting 
equipment and replace  or repair  inoperative lights,  indicators 
and  control   and  alarm   systems  as   soon  as   practicable.  
Additionally, Section 17.48(a) requires antenna structure  owners 
to immediately notify the FAA of any observed or otherwise  known 
extinguishment or improper functioning of any top steady  burning 
light or  any  flashing  obstruction  light,  regardless  of  its 
position on  the  antenna  structure,  not  corrected  within  30 
minutes.  The FAA then issues a Notice to Airmen (``NOTAM'')  for 
a period of 15  days advising aircraft that  there is an  antenna 
structure at a specific location  with a temporary light  outage.  
Section 17.56 required the replacement or repair of lights to  be 
accomplished as  soon  as  practicable.   Section  17.57  further 
requires antenna  structure  owners  to  immediately  notify  the 
Commission using  FCC  Form  854 upon  any  change  in  ownership 
information to facilitate contact if problems arise. 

     11.  El Dorado failed to  detect a total  light outage on  a 
75-meter tower near an airstrip for 77 days. El Dorado's  failure 
to update the ASR ownership report complicated efforts to  notify 
it of the serious potential hazard to air navigation posed by the 
dark tower.  Once notified  of the light  outage, El Dorado  took 
another month  to  repair  or replace  the  extinquished  lights.  
Based on the evidence before us, we find that El Dorado willfully 
and repeatedly violated  Sections 17.23 and  17.56 by failing  to 
maintain proper lighting on ASR 1041257 and failing to repair  or 
replace the lights for over  three months.  We further find  that 
El Dorado  willfully  violated Sections  17.47(a),  17.48(a)  and 
17.57 of the Rules  by not making an  observation of the  antenna 
structures' lights at least once each 24 hours either visually or 
by observing an automatic properly maintained indicator  designed 
to register any failure of such lights; by failing to report  the 
flashing obstruction lighting outage to  the FAA, and by  failing 
to update the antenna tower registration to reflect the change in 
ownership.

     12.  The base  forfeiture  amount set  by  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to  Incorporate  the Forfeiture  Guidelines,  (``Forfeiture 
Policy Statement'') and Section 1.80  of the Rules6, for  failure 
to comply with prescribed lighting and/or marking is $10,000, for 
failure to conduct required monitoring is $2,000, and for failure 
to file  required forms  is $3,000.   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  Act,  which 
includes the nature,  circumstances, extent, and  gravity of  the 
violation(s), and with  respect to  the violator,  the degree  of 
culpability, and history of prior  offenses, ability to pay,  and 
other such matters  as justice  may require.   The automated  log 
reflects  that  the  N#1  tower  lights  for  Antenna   Structure 
Registration  #  1041257  were  out  continuously  beginning   on 
December 28, 2001,  and remaining  out for  each consecutive  day 
through March 14,  2002.  The lights  remained out through  April 
11, 2002, when finally repaired.  Further, an El Dorado  employee 
periodically  picked  up   the  automated  log   report  at   the 
transmitter site  but failed  to take  any corrective  action  in 
order to  bring  the  antenna  tower  into  compliance  with  the 
prescribed lighting or to notify the FAA.  These rule  violations 
are grave and  posed a  potential danger to  air traffic  safety.  
Applying  the  Forfeiture  Policy  Statement  and  the  statutory 
factors to the instant case, an $15,000 forfeiture is warranted.  


                                

                      IV.  ORDERING CLAUSES

     13.  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,  El 
Dorado 900, LLC is hereby NOTIFIED of its APPARENT LIABILITY  FOR 
A FORFEITURE in the amount of fifteen thousand dollars  ($15,000) 
for violations  of  Sections 17.21,  17.23,  17.47(a),  17.48(a), 
17.56 and 17.57 of the Rules.7 

     14.  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, El Dorado 900, LLC  SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     15.  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 should note the 
NAL/Acct. No. 200232900004 and FRN # 0006-7923-03.

     16.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232900004.  

     17.  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.  

     18.  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, S.W.,  Washington, 
D.C. 20554.8 

     19.   IT IS  FURTHER ORDERED  THAT this  NOTICE OF  APPARENT 
LIABILITY shall be sent by Certified  Mail # 7001 2510 0001  9914 
6132, Return Receipt  Requested, to  El Dorado 900,  LLC at  1980 
Post Oak Boulevard, Suite 1500, Houston, TX. 77056.


                              FEDERAL COMMUNICATIONS COMMISSION

                         

                              Catherine Deaton
                              District  Director,   Los   Angeles 
Office
_________________________

1 47 U.S.C.  303(q) (Antenna structure owners shall maintain the 
painting and lighting of antenna structures as prescribed by the 
Commission).

2 47 C.F.R.  17.23, 17.47(a), 17.48(a), 17.56 and 17.57.

3 47 U.S.C.  503(b).

4 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 provisions of 
this Act....'' See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).

5 Section 312(f)(2) of the Act, 47 U.S.C  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that ``[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.''

6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.

7 47 U.S.C.  503(b); 47 C.F.R  0.111, 0.311, 1.80, 17.21, 
17.23, 17.47, 17.48(a), 17.56 and 17.57.

8 See 47 C.F.R. C.F.R.  1.1914.