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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Gold Coast Radio , LLC ) File Number: EB-06-LA-114
Licensee of Station KMLA ) NAL/Acct. No.: 200732900003
El Rio, California ) FRN: 0003745254
Facility ID # 55273 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 22, 2006
By the District Director, Los Angeles Office, Western Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Gold Coast Radio, LLC ("Gold Coast"), licensee of station KMLA,
an FM broadcast station serving El Rio, California, apparently
repeatedly violated Section 73.1560(b) of the Commission's Rules
("Rules") by operating its transmitter at a power level exceeding 105%
of that authorized by its license. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that
Gold Coast is apparently liable for a forfeiture in the amount of four
thousand dollars ($4,000).
2. On August 29, 2006, in response to complaints, Los Angeles agents
monitored and made field strength measurements of KMLA's transmitted
signal from a location 7 kilometers from the KMLA transmitter site. At
that location, the field strength was measured at 17.2 mV/m, when
measured with a field strength meter. The agents also set up a
spectrum analyzer and sampling antenna at their hotel and observed the
emissions mask and relative strength of the KMLA transmitter
emissions. Agents made periodic observations at several times during
the day and evening of August 29, 2006, and observed that the level of
the signal transmitted by KMLA did not change.
3. On August 30, 2006, the Los Angeles agents, after observing the signal
level on the spectrum analyzer was consistent with their observations
from the previous day, inspected the KMLA transmitter and observed the
transmitter power meter which indicated that the KMLA transmitter
output was 1022 watts. According to the station's license, KMLA is
authorized to operate at 530 watts. The agents also interviewed KMLA
station management personnel who reported that the station had been
operating without a Chief Engineer or designated Chief Operator for a
period of one month, and that there was no one available to adjust the
transmitter. After the transmitter inspection, the Los Angles agents
again measured the field strength of the KMLA signal from the same
location as the previous day. At that location, the field strength was
measured at 16.7 mV/m, when measured with a field strength meter,
indicating a variance of 0.25 dB from the day before. The agents also
observed the spectrum analyzer set up in the hotel room and noted that
the KMLA signal level had not changed from the observations made on
August 29, 2006, and earlier on August 30, 2006.
4. 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 "repeated" means the commission or omission of such
act more than once or for more than one day.
5. Section 73.1560(b) states: "FM stations. Except as provided in
paragraph (d) of this section, the transmitter output of an FM
station...must be maintained as near as practicable to the authorized
transmitter output power and may not be less than 90%, nor more than
105% of the authorized power." On August 29, 2006, and August 30,
2006, Los Angeles agents, through multiple observations and field
strength measurements, determined that KMLA was operating at
approximately 190% of its authorized power of 530 watts. The violation
occurred on more than one day, therefore, it is repeated. Based on the
evidence before us, we find that Gold Coast apparently repeatedly
violated Section 73.1560(b) of the Rules by operating the KMLA
transmitter at a power level exceeding 105% of power level authorized
by the KMLA license.
6. 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 exceeding power limits is $4,000. 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 Gold Coast is apparently liable for a $4,000
IV. ORDERING CLAUSES
7. 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, Gold Coast Radio, LLC, is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of four thousand dollars ($4,000) for violations of Section
73.1560(b) of the Rules.
8. 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, Gold Coast Radio, LLC,
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
9. 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, Los Angeles Office,
18000 Studebaker Rd., Suite 660, Cerritos, CA 90703, and must include
the NAL/Acct. No. referenced in the caption.
11. 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.
12. 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.
13. 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 Gold Coast Radio, LLC.
FEDERAL COMMUNICATIONS COMMISSION
Los Angeles Office
47 C.F.R. S 73.1560(b).
47 U.S.C. S 503(b).
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 73.1560(b) (Operating power and mode tolerances).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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, 73.1560(b).
See 47 C.F.R. S 1.1914.
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Federal Communications Commission
Federal Communications Commission