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

In the Matter of                 )
                                 )
Unique Broadcasting, L.L.C.      )      File Number:  EB-04-DL-224
                                 )
Licensee of Station KKJW(FM)     )     NAL/Acct. No.  200532500002
Stanton, Texas                   )                  FRN 0013487103
Facility ID 76095                )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                              Released: September 
                                                         14, 2005

By the District Director, Dallas Office, South Central Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 (``NAL''), we find that Unique Broadcasting, L.L.C. 
 (``Unique''), licensee of FM Radio Station KKJW, in Stanton, 
 Texas, apparently willfully and repeatedly violated Section 
 308(b) of the Communications Act of 1934, as amended 
 (``Act''),1  by failing to respond to Commission correspondence 
 requiring written statements of fact relating to operation of 
 the station.  We conclude, pursuant to Section 503(b) of the 
 Act,2 that Unique is apparently liable for a forfeiture in the 
 amount of four thousand dollars ($4,000).

II.  BACKGROUND

      2.  On September 22 and 23, 2004, an agent from the 
 Commission's Dallas Office of the Enforcement Bureau (``Dallas 
 Office'') attempted to inspect FM radio station KKJW in 
 Stanton, Texas.  On both occasions, the door to the main studio 
 was locked and the lights were off.  The agent attempted to 
 contact the station via the telephone six times in September 
 and October, 2004.  All of the agent's calls were routed 
 directly to voicemail, and the station returned only one of the 
 agent's four messages.

      3.  On October 29, 2004, the Dallas Office issued a Letter 
 of Inquiry (``LOI'') to Unique by Certified Mail, Return 
 Receipt Requested seeking information regarding its main studio 
 staff presence.  On November 22, 2004, a signed Return Receipt 
 for the LOI dated November 10, 2004 was received by the Dallas 
 Office.  The station owner also acknowledged receipt of the LOI 
 via email.    

      4.  On December 3, 2004, after receiving no response to the 
 LOI from Unique, the Dallas Office issued a Notice of Violation 
 (``NOV'') by Certified Mail, Return Receipt Requested for 
 failure to respond to an LOI.  The NOV was mailed to Unique's 
 address of record, the address listed in the LOI.  The NOV 
 required Unique to provide a written statement concerning its 
 failure to respond to the LOI and its attempts to correct the 
 violation.  A copy of the LOI was included with the NOV.  On 
 January 4, 2005, the unopened envelope containing the NOV was 
 returned to the Dallas Office, marked unclaimed.

      5.  On January 14, 2005, the Dallas Office sent a letter to 
 Unique by regular mail to the same address as the LOI.  The 
 letter included, as enclosures, the LOI and the NOV, and 
 instructed the licensee to respond to the documents no later 
 than January 29, 2005.  The letter was not returned to the 
 Dallas Office.  As of September 13, 2005, Unique has not 
 responded to the LOI, NOV, or letter.

III.      DISCUSSION

      6.  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.3  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.4 

      7.  Section 403 of the Act authorizes the Commission to 
 institute on its own motion any inquiry into, inter alia, any 
 matter relating to the enforcement of the Act or the 
 Commission's rules.5  Section 308(b) of the Act provides that 
 the Commission ``during the term of any such licenses, may 
 require from ...a licensee further written statements of fact 
 to enable it to determine whether ... such license [should be] 
 revoked . . .''6  Section 1.89(b) of the Commission's Rules 
 (``Rules'') states that licensees must submit a written answer 
 to an NOV to the office originating the NOV within 10 days of 
 receipt of the NOV or within such period as may be specified.7  
 Pursuant to Section 308(b) of the Act, the Dallas Office 
 ordered Unique in an LOI to provide the requested information 
 by November 15, 2004.  Unique signed the return receipt for the 
 LOI and separately acknowledged receipt of the LOI via email.  
 Unique failed to respond to the LOI.  Pursuant to Section 
 308(b) of the Act and Section 1.89 of the Rules, the Dallas 
 Office issued an NOV to Unique on December 3, 2004, citing its 
 failure to respond to a Bureau inquiry.  On January 14, 2005, 
 the Dallas Office mailed a letter to Unique to the address 
 listed in the LOI, which included the LOI and NOV and required 
 a response by January 29, 2005.  This letter was not returned 
 to the Dallas Office.  To date, however, Unique has not filed 
 the required response.  

      8.  Based on the evidence before us, we find that Unique 
 apparently willfully and repeatedly violated Section 308(b) of 
 the Act by failing to respond to Commission correspondence.8

      9.  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 failure to respond to Commission 
 communications is $4,000.9  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.10  Applying the 
 Forfeiture Policy Statement, Section 1.80, and the statutory 
 factors to the instant case, we conclude that Unique is 
 apparently liable for a $4,000 forfeiture.
  
IV.  ORDERING CLAUSES

      10.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's 
 Rules, Unique Broadcasting, L.L.C. is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of four 
 thousand dollars ($4,000) for willfully and repeatedly failing 
 to respond in writing to Commission correspondence.11

      11.      IT IS FURTHER ORDERED that, pursuant to Section 
 308(b) of the Communications Act of 1934, as amended, and 
 Section 1.89(b) of the Commission's Rules, Unique Broadcasting, 
 L.L.C. is hereby directed to provide answers to the questions 
 listed in the Letter of Inquiry dated October 29, 2004 within 
 thirty days of the release date of this Notice of Apparent 
 Liability for Forfeiture.      

      12.      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, Unique Broadcasting, L.L.C. SHALL PAY the full 
 amount of the proposed forfeiture or SHALL FILE a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      13.      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 bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.  

      14.      The response, if any, and the answers to the 
 questions listed in the LOI  must be mailed to Federal 
 Communications Commission, Enforcement Bureau, South Central 
 Region, Dallas Office, 9330 LBJ Fwy, Suite 1170, Dallas, Texas 
 75243, and must include the NAL/Acct. No. referenced in the 
 caption.  

      15.      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.  

      16.      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. 20554.12

      17.      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 Unique 
 Broadcasting, L.L.C. at its address of record.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              James D. Wells
                              District Director,
                              Dallas Office
                              South Central Region
                              Enforcement Bureau



_________________________

147 U.S.C.  308(b).  
247 U.S.C.  503(b).  
3Section 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).
4Section 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.'' 
5 47 U.S.C.  403.
647 U.S.C.  308(b).  See also 47 C.F.R.  73.1015.
747 C.F.R.  1.89(b).
8See World  Communications Satellite  Systems, Inc.,  19 FCC  Rcd 
2718 (Enf. Bur. 2004).
912 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
1147 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80.
12See 47 C.F.R.  1.1914.