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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-06-DL-147  
                                                                            
     Licensee of Expired Station KKJW(FM)   )   NAL/Acct. No. 200732500001  
                                                                            
     Stanton, Texas                         )               FRN 0011154481  
                                                                            
     Facility ID #76095                     )                               
                                                                            
                                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: November 08, 2006

   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 expired
       station KKJW(FM), in Stanton, Texas, apparently willfully and
       repeatedly violated Section 301 of the Communications Act of 1934, as
       amended, ("Act") by engaging in unauthorized operations of its station
       after its license expired. We conclude, pursuant to Section 503(b) of
       the Act, that Unique is apparently liable for a forfeiture in the
       amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. Unique's license authorizing it to operate station KKJW(FM) on
       frequency 105.9 MHz expired on August 1, 2005. On July 12, 2006, the
       Commission's Media Bureau ("Media Bureau") issued a letter to Unique,
       which stated that "An application for renewal of this station's
       license should have been filed by April 1, 2005. To date, we have no
       record of receiving a license application for this station, and the
       station's license has expired by its own terms." The letter further
       stated that "all authority to operate station KKJW (FM), Stanton, TX
       IS TERMINATED and the call letters ARE DELETED. Any operation of this
       facility is now unauthorized and must cease immediately."

    3. On July 31, 2006, August 5, 2006, September 22, 25 and 26, 2006,
       agents from the Commission's Dallas Office of the Enforcement Bureau
       ("Dallas Office") monitored 105.9 MHz in the vicinity of Stanton,
       Texas and listened to a station broadcasting programming. In each
       instance, the station identified itself using the call sign KKJW. On
       September 25, 2006, an agent from the Dallas Office located the source
       of the transmissions on 105.9 MHz to the transmitter site for expired
       station KKJW(FM).

    4. On September 26, 2006, an agent from the Dallas Office conducted an
       inspection of expired station KKJW(FM). During the inspection, the
       General Manager stated that he believed Unique was in the process of
       completing an application to renew the station's license. The agent
       directed the station to discontinue operations until the station
       received approval to resume operations. On September 26, 2006, at
       approximately 10:31 AM CDT, Unique discontinued operations of expired
       Station KKJW(FM).

    5. On October 11, 2006, an agent from the Dallas Office contacted the
       General Manager of expired Station KKJW(FM), who admitted that the
       station continuously broadcasted programming after the station's
       license expired and until September 26, 2006.

   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 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. Unique's authorization to
       operate Station KKJW(FM) expired on August 1, 2005. Unique did not
       file an application to renew its station license until October 4,
       2006. On July 12, 2006, the Media Bureau issued a letter to Unique
       informing it that its license expired, that its authorization to
       operate its station was terminated, and that it should cease
       unauthorized operations immediately. On five dates in July, August and
       September, 2006, agents from the Dallas Office monitored 105.9 MHz and
       observed that expired station KKJW(FM) was operating and broadcasting
       programming. On September 26, 2006, an agent inspected the station and
       confirmed that it was in operation. On October 11, 2006, the station's
       General Manager admitted that Unique operated the station after its
       license expired until September 26, 2006. Based on the evidence before
       us, we find that Unique apparently willfully and repeatedly violated
       Section 301 of the Act by engaging in unauthorized operations after
       its license expired.

    8. 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 construction and/or 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. In this case, Unique continued
       operations for thirteen months after its license expired and before
       filing the appropriate renewal application. Nevertheless, because, it
       had previously been licensed to operate station KKJW(FM), this
       transgression is not comparable to "pirate" wireless operations, which
       typically have been subject to forfeitures of approximately $10,000.
       Accordingly, we believe a downward adjustment to $4,000 is
       appropriate. 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

    9. 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 violation of Section 301
       of the Act.

   10. 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.

   11. 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.

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

   13. 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.

   14. 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, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   15. 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

   The license to operate station KKJW expired on August 1, 2005. On October
   4, 2006, Unique filed an application to renew the station license and a
   request for Special Temporary Authority ("STA") to resume operation of the
   station. On October 6, 2006, the Commission's Media Bureau granted the STA
   authorizing resumption of operations "pending consideration and
   disposition of the (untimely) renewal application."

   47 U.S.C. S 301.

   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."

   Section 73.3539 of the Rules directs broadcast station licensees to file
   an application for renewal no later than the first day of the fourth full
   calendar month prior to the expiration date of the license sought to be
   renewed. 47 C.F.R. S 73.3539.

   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. 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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission