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

In the Matter of                 )
                                 )
El Dorado 900, LLC               )      File Numbers: EB-05-LA-224
                                 )
                                 )      NAL/Acct. No. 200632900008
Owner of Antenna Structures      )                  FRN 0006792303
1041256 and 1041257              )
City of Industry, California     )


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  February 
                                                          9, 2006

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

I.   INTRODUCTION

          1.   In this Notice of Apparent Liability for 
     Forfeiture ("NAL"), we find that El Dorado 900, LLC ("El 
     Dorado"), owner of antenna structures #1041256 and #1041257 
     in the City of Industry, California, apparently willfully 
     and repeatedly violated Section 303(q) of the Communications 
     Act of 1934, as amended, ("the Act"),1 and Sections 17.23, 
     17.47, 17.48 and 17.57 of the Commission's Rules ("Rules")2 
     by failing to comply with the antenna lighting, monitoring, 
     notification and registration requirements specified for 
     antenna structure #1041257 and for failing to comply with 
     the Commission's registration requirements for antenna 
     structure #1041256.  We conclude, pursuant to Section 503(b) 
     of the Communications Act of 1934, as amended ("Act"),3 that 
     El Dorado 900, LLC is apparently liable for a forfeiture in 
     the amount of thirteen thousand dollars ($13,000).  

II.  BACKGROUND

          2.   Antenna structure #1041257 and antenna structure 
     #1041256 comprise the two-tower AM array located at located 
     at 751 Echelon Avenue, City of Industry, California and 
     utilized by station KALI (AM).  According to antenna 
     structure #1041257's4 antenna structure registration, the 
     structure is required to have ``Obstruction Marking and 
     Lighting'' in accordance with the applicable paragraphs of 
     the Federal Aviation Administration (``FAA'') Circular 
     Number 70/7460-1J.  Specifically, the structure is required 
     to be painted and have obstruction lighting consisting of at 
     least one flashing red beacon on top and two or more steady-
     burning sidelights on opposite sides at the midpoint.5     
 
          3.   Robert Burdette and Associates, Inc., is the 
     registered owner of antenna structures #1041256 and 
     #1041257.  However, El Dorado has acknowledged that the 
     ownership of the towers was transferred to their 
     organization sometime in 1999.  In a 2002 investigation, the 
     Los Angeles Office found that El Dorado did not maintain the 
     required lighting on the structure; did not make the 
     required observations of the lighting or of a properly 
     maintained indicator to register failure of the lighting; 
     did not notify the FAA of any observed or otherwise known 
     lighting outage; and did not notify the Commission of a 
     change in ownership of the antenna structure.  El Dorado was 
     notified of these findings on June 28, 2002.6

          4.   On June 6, 2005, the Los Angeles Office received a 
     complaint that the top mounted flashing red beacon and 
     intermediate level steady burning side lights were not 
     functioning on antenna structure #1041257.  Later that day, 
     a Los Angeles agent conducted an inspection of antenna 
     structure #1041257, and found no lights illuminated on that 
     structure.  The agent reported the outage to the FAA's 
     Riverside Flight Service Station (``FSS'').  The FSS issued 
     a 15 day Notice to Airmen (``NOTAM'') and informed the Los 
     Angeles agent that no prior light outage report had been 
     made for antenna structure #1041257.  

          5.   On June 7, 2005, the agent reviewed the antenna 
     structure registrations for antenna structures #1041256 and 
     #1041257 and found that both structures continued to be 
     registered to Robert Burdette and Associates.  Later that 
     day, the agent contacted MultiCultural Broadcasting, Inc. 
     (``MultiCultural''), licensee of KALI(AM), a tenant on 
     antenna structures #1041256 and #1041257, and informed 
     MultiCultural of the light outage.

          6.     On June 15, 2005, MultiCultural responded to the 
     agent stating that they had contacted an engineer for El 
     Dorado, who stated that he was aware of the outage.  
     MultiCultural also informed the agent that the damage 
     appeared to have been caused by vandalism and that a remote 
     monitoring system had been designed but not yet installed 
     for the structure. 
 
          7.   On August 18, 2005, a Los Angeles agent reviewed 
     the automated antenna light logs for antenna structure 
     #1041257.  The logs reflected a continuous light outage on 
     antenna structure #1041257 beginning on May 24, 2005, 
     continuing through June 8, 2005.  According to the logs, the 
     antenna structure lights were brought back to service on 
     June 9, 2005.
  
          8.   On December 15, 2005, Los Angeles staff reviewed 
     the Commission's antenna structure registration database and 
     found that antenna structures #1041256 and #1041257 
     continued to be registered to Robert Burdette and 
     Associates.  No updated information had been filed 
     reflecting a change in ownership of the structures.

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.7  The term "repeated" means the 
     commission or omission of such act more than once or for 
     more than one day.8  

          10.  Section 303(q) of the Act states that antenna 
     structure owners shall maintain the painting and lighting of 
     antenna structures as prescribed by the Commission.9  Part 
     17 of the Rules is designed to promote air safety, by 
     prescribing regulations for antenna structures that 
     constitute or that potentially constitute "a menace to air 
     navigation."10  Section 17.23 of the rules requires that 
     registered antenna structures conform to the mandatory FAA 
     painting and lighting recommendations set forth on the FAA 
     Notice issued to the structure owner.11   Antenna structure 
     # 1041257 is 75.3 meters in height and is assigned FAA 
     lighting specifications requiring that the structure have at 
     least one flashing red beacon mounted at the top of the 
     antenna tower and two or more steady-burning sidelights on 
     opposite sides of the midpoint.  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.12  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.13  
     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.14

          11.  On June 6, 2005, in response to a complaint, a Los 
     Angeles agent inspected antenna structure #1041257 and 
     observed that its lights were not functioning.  The antenna 
     tower was completely dark.  The agent notified the FAA and a 
     NOTAM was issued.  According to the antenna structure's 
     automated logs, the lights were out for a total of 16 days.  
     Although an engineer for El Dorado appeared to be aware of 
     the outage, no report was filed with the FAA FSS.  The El 
     Dorado engineer acknowledged that no automatic monitoring 
     system was in place, and there is no evidence that daily 
     observations were made of the structure.  If such 
     observations were made, there is no evidence El Dorado filed 
     NOTAM reports with the FAA FSS to ensure the safety of the 
     public.  Finally, El Dorado continues to acknowledge 
     ownership of antenna structures #1041256 and #1041257, but 
     also continues to fail to update the ownership information 
     with the Commission, forcing the Los Angeles agents to 
     contact tenants on the structures to investigate light 
     outages.

          12.  Prior to the light outage that was investigated by 
     the Los Angeles agent on June 6, 2005, El Dorado was aware 
     of the Commission's lighting, monitoring, notification and 
     registration requirements.  Therefore, El Dorado's 
     violations were willful.  The violations occurred for more 
     than one day, therefore, they were repeated.  Based on the 
     evidence before us, we find that El Dorado 900, LLC, 
     apparently willfully and repeatedly violated Section 303(q) 
     of the Act and Sections 17.23, 17.47, 17.48 and 17.57 of the 
     Rules by failing to comply with the antenna lighting, 
     monitoring, notification and registration requirements 
     specified for antenna structure #1041257, and for failing to 
     comply with the registration requirements for antenna 
     structure #1041256.  

          13.  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"),16 and Section 1.80 of the Rules, the base 
     forfeiture amount for failing to comply with the prescribed 
     lighting and/or marking for an antenna structure is $10,000.  
     The base forfeiture amount for failing 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,17 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.  
     Applying the Forfeiture Policy Statement, Section 1.80, and 
     the statutory factors, a $13,000 forfeiture is warranted.  

III.      ORDERING CLAUSE

          14.  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 
     this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
     thirteen thousand dollars ($13,000) for violations of 
     Section 303(q) of the Act, and Sections 17.23, 17.47, 17.48, 
     and 17.57 of the Rules.18

          15.  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, 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.  

       16.     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 Federal Communications 
  Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.  
  Payment by overnight mail may be sent to Mellon Bank/LB 
  358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.  
  Payment by wire transfer may be made to ABA Number 043000261, 
  receiving bank Mellon Bank, and account number 911-6106.  

       17.     The response, if any, must be mailed to Federal 
  Communications Commission, Enforcement Bureau, Western Region, 
  Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
  California 90703 and must include the NAL/Acct. No. referenced 
  in the caption.  

       18.     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.  

       19.     Requests for payment of the full amount of this 
  Notice of Apparent Liability for Forfeiture under an 
  installment plan should be sent to: Associate Managing 
  Director - Financial Operations, Room 1A625, 445 12th Street, 
  S.W., Washington, D.C. 20554.19

       20.     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 
  El Dorado 900, LLC, 9426 Old Katy Road, Bldg. 10, Houston, 
  Texas 77055. 



                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Catherine Deaton
                              District Director 
                              Los Angeles Office
                              Western Region
                              Enforcement Bureau
_________________________

1 47 U.S.C.  303(q).
2 47 C.F.R.  17.23, 17.47, 17.48 & 17.57. 
3 47 U.S.C.  503(b).
4 This antenna structure is designated as tower one (TWR1) of a 
two-tower transmitting array.  The other tower included in this 
array is ASR #1041256.  
5 See FAA Circular Number 70/7460-1J, Chapters 3, 4, 5, 13. 
6 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200232900004 (Enf. Bur., Western Region, Los Angeles Office, 
released June 28, 2002).  El Dorado paid the forfeiture amount in 
that case.  See 47 U.S.C. 504(c).  Pursuant to 47 U.S.C. 
503(b)(6), we may only propose forfeitures to non-licensees for 
apparent violations that occurred within one year of the date of 
this NAL.  However, Section 503(b) does not bar us from assessing 
whether El Dorado's conduct prior to that time period apparently 
violated the Act in determining the appropriate forfeiture amount 
for violations that occurred within the one-year statute of 
limitations.  Inphonic, Inc., 2005 WL 1750418 (FCC 05-145, 
released July 25, 2005) at  24.
7 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).  
8 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."  
9 47 U.S.C.  303(q).
10 47 C.F.R.  17.1(a).
11 47 C.F.R.  17.23.
12 47 C.F.R.  17.47.
13 47 C.F.R.  17.48.
14 47 C.F.R.  17.57.
1612 FCC Rcd 17087(1997), Recon. Denied 15 FCC Rcd 303 (1999).
1747 U.S.C.  503(b)(2)(D). 
18 47 U.S.C.   303(q), 503(b), 47 C.F.R.  0.111, 0.311, 1.80, 
17.23, 17.47, 17.48 and 17.57.   

19 See 47 C.F.R.  1.1914.