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

In the Matter of                 )
                                 )
Bustos Media Holdings of Oregon, )       File Number: EB-04-PO-144
LLC                              )
                                 )      NAL/Acct. No: 200532920001
Former Licensee of Station       )
KZNY(AM)                         )                 FRN: 0009298852 
Milwaukie, Oregon
Facility ID # 68212



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released:  April  7, 
                                                             2005

By the Resident Agent, Portland Resident Agent Office, Western 
Region, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Bustos Media of Oregon, LLC. (``Bustos''),1 
licensee of station KZNY(AM), in Milwaukie, Oregon, apparently 
willfully and repeatedly violated Section 73.1745(a) of the 
Commission's Rules ("Rules")2 by failing to operate KZNY in 
accordance with the station's authorized power and hours of 
operation.  We conclude, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended ("Act"),3 that Bustos is 
apparently liable for a forfeiture in the amount of four thousand 
dollars ($4,000).

II.  BACKGROUND

     2.   Station KZNY is authorized to operate on 1010 kHz with 
4,500 watts during daytime hours. 4   Daytime is defined as the 
``period of time between local sunrise and local sunset.''5  In 
Milwaukie, Oregon, during the month of August, local sunrise 
occurs at 6:15 a.m. and local sunset occurs at 8:15 p.m.  In 
September, local sunrise occurs at 6:45 a.m. and local sunset 
occurs at 7:30 p.m.6  KZNY is also authorized to operate under a 
presunrise service authorization (``PSRA'') and a postsunset 
service authorization (``PSSA'') which extends the hours of 
operation earlier into the morning and later into the night.7  
Taken together, these authorizations allow KZNY to operate 
between 6:00 a.m. and 10:15 p.m., only, during the month of 
August and between 6:00 a.m. and 9:30 p.m., only, during the 
month of September.

     3.   On August 23, 2004, the Resident Agent from the 
Commission's Portland Resident Agent Office monitored KZNY 
operating on 1010 kHz at 11:35 p.m.  Field strength measurements 
made by the agent at a distance of 2.5 miles from the KZNY 
transmitting antenna measured 14 mV/m (``millivolts/meter'').  On 
August 27, 2004, the Portland agent again monitored KZNY 
operating on 1010 kHz at 4:00 a.m.  Field strength measurements 
made by the agent at a distance of 2.5 miles from the 
transmitting antenna measured 13 mV/m. 

     4.   Later on August 27, 2004, the Portland agent conducted 
an inspection of the station.  During the inspection, the agent 
queried the general manager about KZNY's nighttime operation 
indicating that KZNY had no authority to operate at night.  The 
general manager replied that the station had always operated at 
night.  The agent also queried KZNY's chief engineer about the 
nighttime operation.  The chief engineer replied that the station 
was permitted to operate at night under a ``grandfather'' clause 
that allowed daytime only stations to operate at night with very 
limited power.  The chief engineer told the agent that he would 
fax the authorization to the agent.  The authorizations received 
by the agent were the KZNY PSRA/PSSA authorizations. 

     5.   On September 9, 2004, the Portland agent monitored KZNY 
operating on 1010 KHz at 9:45 p.m.  Field strength measurements 
made by the agent at a distance of 0.6 miles from the KZNY 
transmitting antenna measured 16 mV/m.

     6.   On September 15, 2004, a review of Commission databases 
and archives revealed that KZNY had no license, authorization or 
special temporary authorization to operate beyond the parameters 
in the authorizations listed above.  Later that day, at 10:25 
p.m., the Portland agent monitored KZNY on 1010 KHz but found 
that the station was not operating. 

III. DISCUSSION

     7.   Section 503(b) of the Act provides that any person who 
repeatedly fails to comply substantially with the terms and 
conditions of any license, 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.8  The term ``repeated'' means the 
commission or omission of such act more than once or for more 
than one day.9 

     8.   The Rules state that each licensee is responsible for 
maintaining and operating its broadcast station in a manner which 
complies with the technical rules and in accordance with the 
terms of the station license.10   Specifically, Section 73.1745 
of the Commission's Rules states that no broadcast station shall 
operate at times or with modes or power, other than those 
specified and made a part of the license.  Station KZNY is 
authorized for operations during daytime with 4500 watts power.  
Additionally, KZNY is authorized for limited presunrise and 
postsunset operations pursuant to its PSRA/PSSA authorizations.  
However, KZNY is not authorized to operate between 10:15 p.m. to 
6:00 a.m. during the month of August and between 9:30 p.m. to 
6:00 a.m. during the month of September.

     9.   On August 23, 2004, August 27, 2004, and September 9, 
2004, the Portland Resident Agent monitored KZNY operating 
outside the hours of authorized operation.  On August 27, 2004, 
the agent indicated to the KZNY general manager that the station 
had no authority to operate at night.  When the agent asked the 
station's general manager and the chief engineer if the station 
was  authorized for nighttime operation, both indicated that the 
station was authorized.  The only supporting documentation 
provided to the agent was the PSRA/PSSA authorizations.  Further 
research by the Portland agent revealed no authorization for KZNY 
for nighttime operation beyond the station's PSSA/PSRA 
authorizations.

     10.  Bustos continued to operate KZNY outside of the 
parameters stated in KZNY's authorizations, despite being unable 
to produce an authorization for such operation.  Therefore, 
Bustos' violation is willful.  Bustos' violation occurred on more 
than one day, therefore, it is repeated.  Based on the evidence 
before us, we find that Bustos apparently willfully and 
repeatedly violated Section 73.1745(a) of the Rules by operating 
KZNY at times outside of the KZNY station authorizations.

     11.  Pursuant to 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 Rules, the base forfeiture 
amount for unauthorized emissions is $4,000.11  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 include the nature, circumstances, extent, and gravity of 
the violations, 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.12  Applying the 
Forfeiture Policy Statement, Section 1.80, and the statutory 
factors to the instant case, we find that Bustos is apparently 
liable for a $4,000 forfeiture.

  
III.      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, Bustos 
Media Holdings of Oregon, LLC., is hereby NOTIFIED of this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of four 
thousand dollars ($4,000) for violations of Section 73.1745(a) of 
the Rules.13

     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 for Forfeiture, Bustos Media 
Holdings of Oregon 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 must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or 
money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259.

     15.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
Portland Resident Agent Office, P.O. Box 61469, Vancouver, 
Washington, 98666-1469 and must include the 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 for Forfeiture under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.8

     18.  IT IS FURTHER ORDERED that a copy of this Notice of 
Apparent Liability for Forfeiture shall be sent by Certified 
Mail, Return Receipt Requested, and regular mail, to Bustos Media 
Holdings of Oregon, LLC, and Bustos Media of Oregon License, LLC.




                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              James M. Lafontaine
                              Resident Agent
                              Portland Resident Agent Office
                              Western Region
                              Enforcement Bureau


_________________________

1On December 15, 2004, an application, File Number BAL-
20041102ADC, was granted, assigning the KZNY(AM) license from 
Bustos Media Holdings of Oregon, LLC to Bustos Media of Oregon, 
LLC.  On January 28, 2005, an application, File Number BAL-
20041222AAY, was granted, assigning the KZNY(AM) license from 
Bustos Media of Oregon, LLC to Bustos Media of Oregon License, 
LLC. 
247 C.F.R.  73.1745(a).
347 U.S.C.  503(b).  
4Additionally, KZNY's authorization requires operation with 1,100 
watts during the ``critical hours'' period. Critical hours'' is 
defined as the ``two hour period immediately following local 
sunrise and the two hour period immediately preceding local 
sunset.''  47 C.F.R.  73.14.
547 C.F.R.  73.14.  
6All times indicated are local Daylight Savings Time. 
7See 47 C.F.R.  73.99.  
8See 47 C.F.R.  1.1914.
9
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.''
 
10 47 C.F.R.  73.1350(a).
1112 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1247 U.S.C.  503(b)(2)(D).
1347 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 73.1745(a)
8See 47 C.F.R.  1.1914.