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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                              
     In the Matter of                                       
                             )                              
     CC Licenses, LLC             File Number EB-06-SD-108  
                             )                              
     Licensee of KXEW(AM)        NAL/Acct. No 200632940007  
                             )                              
     South Tucson, Arizona                FRN:  0001587971  
                             )                              
     Facility ID No. 8144                                   
                             )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: September 8, 2006

   By the District Director, San Diego District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that CC Licenses, LLC ("CC Licenses "), licensee of station KXEW(AM),
       South Tucson, Arizona, apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed Aural Broadcast Studio to Transmitter Link
       ("STL") transmitter on 944.865 MHz. We conclude, pursuant to Section
       503(b) of the Act, that CC Licenses is apparently liable for a
       forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On May 30, 2006, agents from the Enforcement Bureau's San Diego Office
       conducted a monitoring survey of the Aural Broadcast STL users in the
       greater Tucson, Arizona area. The agents, utilizing mobile direction
       finding techniques, located and confirmed that a transmitter was
       active on frequency 944.865 MHz. This signal was emanating from the
       studios of KXEW(AM), located at 3202 N. Oracle Road, Tucson, Arizona.
       The programming material heard on KXEW(AM) at 1600 kHz matched exactly
       that of the audio of the 944.865 MHz station. The San Diego agents
       researched the Commission's records for any authorized transmitters in
       the greater Tucson area and determined that the transmitter observed
       on 944.865 MHz was not licensed.

    3. On June 1, 2006, the San Diego agents returned to the KXEW(AM) studios
       and by utilizing mobile direction finding techniques confirmed again
       that the STL transmitter operating on frequency 944.865 MHz was
       emanating from 3202 N. Oracle Road, Tucson, Arizona.

    4. On June 22, 2006, the San Diego Office issued a Letter of Inquiry
       ("LOI") to CC Licenses concerning their ownership and operation of the
       unlicensed Aural Broadcast STL station for KXEW(AM) at 3202 N. Oracle
       Road, Tucson, Arizona. CC License sent a response ("Response") to the
       LOI on July 20, 2005. In its Response, CC Licenses acknowledges it did
       not have an authorization for the STL transmitter on frequency 944.865
       MHz for the location at 3202 N. Oracle Road. CC Licenses states that
       under Section 74.24 of the Commission's Rules ("Rules"), KXEW(AM)
       could operate this STL transmitter up to 720 hours under the
       short-term operation provision. CC Licenses admits, however, that this
       STL transmitter  had been in year-round operation and exceeded the 720
       hour limit. CC Licenses states it has an authorization for an Aural
       Broadcast STL station, WLJ389, associated with another of its
       stations, KWFM(AM), for use on different frequencies, 948.375 MHz and
       948.625 MHz, at a different location, the previous KWFM(AM) studio
       located on 3222 South Richey Avenue, Tucson, Arizona. CC Licenses also
       states that it will file an application with appropriate frequency
       coordination, to obtain appropriate licensing for the STL used with
       KXEW(AM).

   III. DISCUSSION

    5. 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.

    6. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signal by radio within the United States except under and in
       accordance with the Act and with a license. Under Section 74.24 of the
       Rules, broadcasters are given great flexibility to use auxiliary
       broadcast stations for short-term operations. Such operation, however,
       must be done on a secondary, non-interference basis to regularly
       authorized stations, and may not exceed 720 hours annually.  CC
       Licenses acknowledges its operation of the STL transmitter at issue
       here did not comply with the short-term operation authorized by
       Section 74.24. CC Licenses also acknowledges it did not have an
       authorization to operate this STL transmitter. Therefore, CC Licenses'
       violation was willful. The operation occurred for more than one day,
       therefore,  the violation was repeated. Based on the evidence before
       us, we find that CC Licenses apparently willfully and repeatedly
       violated Section 301 of the Act by operating an  unlicensed STL
       transmitter on 944.865 MHz.

    7. 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 operation without an instrument of
       authorization for the service is $10,000. 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.  Given that the unauthorized operation in this case is
       not a violation on the same order as construction and operation with
       no color of authority,  we believe a reduction in the base forfeiture
       amount is warranted and, therefore, conclude a forfeiture amount of
       $4,000 is appropriate.   Applying the Forfeiture Policy Statement,
       Section 1.80, and the statutory factors to the instant case, we
       conclude that CC Licenses is apparently liable for a $4,000
       forfeiture.

   IV. ORDERING CLAUSES

    8. 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, CC Licenses, LLC, is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violations of Section 301  of the
       Act.

    9. 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, CC Licenses, LLC,  SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Diego Office, 4542
       Ruffner Street, Suite 370, San Diego, California, 92111 and must
       include the NAL/Acct. No. referenced in the caption.

   12. 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.

   13. 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.

   14. 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 CC Licenses, LLC, at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears Jr.  District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 301.

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

   47 C.F.R. S 74.24.

   See Special Temporary Authority ("STA") Application, File No. 0002708276,
   filed August 10, 2006, and STA granted September 7, 2006 (WQFP787). See
   also File No. 0002727227, filed August 25, 2006.

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

   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 U.S.C. S 301.

   47 C.F.R. S 74.24.

   Additionally, CC Licenses' operation of the STL did not comply with
   Section 74.25 of the Rules, 47 C.F.R. S 74.25, which grants temporary
   conditional operating authority for broadcast auxiliary stations, in some
   situations, during the pendency of an application. During the time of the
   San Diego Office inspections, CC Licenses had no application on file
   concerning the STL at issue here.

   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).

   See Arnold Broadcasting Company, Inc., 19 FCC Rcd 14123, 14125 (EB 2004),
   aff'd 20 FCC Rcd 10617 (EB 2005).

   47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80.

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission