Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                              
                                                                   
     In the Matter of               )                              
                                                                   
     Amaturo Group of L.A., Ltd.    )    File Number EB-05-LA-328  
                                                                   
     Licensee of Station KLIT(FM)   )   NAL/Acct. No.200632900010  
                                                                   
     Fountain Valley, CA            )              FRN 0003772761  
                                                                   
     Facility ID # 9304             )                              
                                                                   
                                    )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 31, 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 Amaturo Group of L.A., Ltd. ("Amaturo"), licensee of station
       KLIT(FM) in Fountain Valley, California, apparently willfully and
       repeatedly violated Section 73.1125(a) of the Commission's Rules
       ("Rules"), by failing to maintain a local main studio. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Amaturo is apparently liable for a forfeiture in
       the amount of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. On November 30, 2005, an agent of the Enforcement Bureau's Los Angeles
       Office inspected the KLIT(FM) main studio/business office in Thousand
       Oaks, California. The agent met with the station's business manager
       who told him that three stations, all owned by Amaturo, shared the
       same main studio and business office, and transmitted the same
       programming, originated from the single Thousand Oaks, California,
       location. Callsigns of the three stations are KMLT(FM), licensed to
       Thousand Oaks, California, KLIT(FM) licensed to Fountain Valley,
       California, and KELT(FM), licensed to Adelanto, California. The main
       studio in Thousand Oaks, California, where Amaturo maintains the
       primary public inspection file for KLIT(FM) is approximately 63 miles
       from the center of Fountain Valley, which is the community of license
       for KLIT(FM). The business manager stated that copies of the public
       inspection file material for KLIT(FM) were also maintained for public
       access at a location in Fullerton, California, which is within the
       coverage area for KLIT(FM). The business manager stated that, except
       for the station's unattended transmitter site, and the public file
       location, there was no office or other KLIT(FM) facility in or around
       the Fountain Valley, California, community of license.

    3. On December 2, 2005, an agent from the Los Angeles Office inspected
       the secondary public file location for KLIT(FM), located at Fullerton
       Community College, in Fullerton, California. The agent visited the
       radio station located at the college, KBPK(FM), and its main studio.
       At the KBPK(FM) main studio, the agent met with the KBPK(FM)
       Operations Manager who stated that, in addition to his duties for
       KBPK(FM), he was also a full time employee of Amaturo. When the agent
       inquired about his title and duties with Amaturo, the KBPK(FM)
       Operations Manager stated that he did not have a title and that he
       mostly assisted the Amaturo Chief Engineer in the engineering and
       maintenance of the KLIT(FM) station equipment at the unattended
       transmitter site, the KELT(FM) station equipment in Hesperia,
       California, and was responsible for the maintenance of the secondary
       public inspection file at the Fullerton location. The KBPK(FM)
       Operations Manager presented the agent with a business card showing
       his title as Operations Manager for KBPK(FM). There was no reference
       to KLIT(FM) on the card.

    4. On December 2, 2005, the Los Angeles agent spoke by telephone to the
       Chief Engineer for all three of the Amaturo stations. The Chief
       Engineer reported that he had been associated with the stations since
       before 1999 and that there had never been a studio in Fountain Valley,
       California.

    5. A review of the Commission's databases by the Los Angeles agent
       revealed that there are no other broadcast stations, other than
       KLIT(FM), currently licensed to Fountain Valley, California, and that
       KLIT(FM)'s principal community contour does not encompass the KLIT(FM)
       main studio location in Thousand Oaks. A further review also showed
       that no waiver of Section 73.1125 had been granted to KLIT(FM).

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

    7. Section 73.1125(a) of the Rules requires the licensee of a broadcast
       station to maintain a main studio at one of the following locations:
       (1) within the station's community of license; (2) at any location
       within the principal community contour of any AM, FM or TV broadcast
       station licensed to the station's community of license; or (3) within
       twenty-five miles from the reference coordinates of the center of its
       community of license as described in Section 73.208(a)(1). In
       addition, the station's main studio must serve the needs and interests
       of the residents of the station's community of license. To fulfill
       this function, a station must, among other things, maintain a
       meaningful managerial and staff presence at its main studio.

    8. We conclude that the Amaturo main studio in Thousand Oaks, California,
       does not qualify as the main studio for KLIT(FM) by any of the
       location criteria set forth in Section 73.1125(a) of the Rules.
       Specifically, Thousand Oaks is not within KLIT(FM)'s community of
       license of Fountain Valley, California, and it is not covered by the
       principal community contour of KLIT(FM), the only broadcast station
       licensed to Fountain Valley. Additionally, Thousand Oaks is not
       located within 25 miles of the center of Fountain Valley. Finally, an
       executive of Amaturo acknowledged that there was no main studio or
       office in or around the Fountain Valley community of license for
       KLIT(FM).

    9. Amaturo, through its employees, acknowledged that it did not maintain
       a local main studio for KLIT(FM), therefore, its violation was
       willful. The failure to maintain a local main studio occurred on more
       than one day, therefore, it was repeated. Based on the evidence before
       us, we find that Amaturo apparently willfully and repeatedly violated
       Section 73.1125(a) of the Rules, by failing to maintain a local main
       studio.

   10. 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 violation of the Main Studio rule is
       $7,000. 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 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 to the
       instant case, we conclude that Amaturo is apparently liable for a
       $7,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Amaturo Group of L.A., Ltd.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of seven thousand dollars ($7,000) for violations of Section
       73.1125(a) of the Rules.

   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, Amaturo Group of L.A..,
       Ltd., 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 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.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles District
       Office, 18000 Studebaker RD, Suite 660, Cerritos, CA, 90803 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:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   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 Amaturo Group of L.A.., Ltd.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director,

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.1125(a).

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

   These three stations all transmit on the same frequency, 92.7 MHz, and the
   coverage from the stations does not overlap.

   The licensee of KBPK(FM) is the Buena Park School District, Buena Park,
   California.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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) of the Act, 47 U.S.C. S 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."

   47 C.F.R. S 73.208(a)(1).

   See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3217-18
   (1987), clarified 3 FCC Rcd 5024, 5026 (1988).

   Although Amaturo maintains a secondary copy of the KLIT(FM) public file at
   the Fullerton College location, Amaturo does not hold out the KBPK(FM)
   main studio as a main studio for KLIT(FM).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 73.1125(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission