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

In the Matter of                )
                                )
M.C. ALLEN PRODUCTIONS          )  File No. EB-00-IH-0392
                                )  NAL/Acct. No. 200132080055
Licensee of Station KMCA(AM)    )
Burney, California              )
Facility ID # 64414             )                            

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 7, 2001                 Released: May 9, 2001  

By the Chief, Enforcement Bureau:

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that M.C. Allen Productions (``Allen'') has 
apparently violated Section 301 of the Communications Act of 
1934, as amended (the ``Act''), 47 U.S.C. § 301, and sections 
73.1125(e), 73.1615 and 73.1620 of the Commission's rules, 47 
C.F.R. § 73.1125(e), 73.1615 and 73.1620, in connection with its 
operation of Station KMCA(AM), Burney, California.  The apparent 
violations include periods of operation at unauthorized locations 
and on an unauthorized frequency, and  a failure to maintain a 
local or toll-free telephone number in its community of license.  
We conclude that Allen is apparently liable for a forfeiture in 
the amount of fifteen thousand dollars ($15,000). 
                                
                           BACKGROUND

     2.   In Application of State of Oregon, 15 FCC Rcd 15456, 
15458 n. 13 (2000) (subsequent history omitted),1 the Commission 
referred to the Enforcement Bureau the question whether Station 
KMCA's main studio location complied with section 73.1125(a) of 
the Commission's rules, 47 C.F.R. § 73.1125(a).  After 
investigating the matter, we have determined that Station KMCA 
has maintained its main studio at locations authorized by the 
Commission's rules.2  However, as explained below, we have also 
determined that Allen has apparently violated various statutory 
and rule provisions in its operation of Station KMCA.  In 
addition, it appears that Allen does not currently have authority 
to operate Station KMCA in Shasta on 1460 kHz. 

     3.    Allen holds a license to operate Station KMCA as a 
nondirectional AM station in the community of Burney on 1450 kHz.  
Its license was last renewed on July 14, 1999.  Prior to that 
time, however, Allen had relocated Station KMCA to Shasta, a 
community some 55 miles to the southwest, adjacent to the larger 
community of Redding, California.  Allen's only apparent 
authority for this move was a permit, which then authorized Allen 
to construct a new nondirectional AM station in Shasta.  See File 
Nos. BP-19970903AA, granted June 12, 1998, and BMP-19980901AA, 
granted January 19, 1999.3  In this regard, the Commission's 
files reflect that Allen did not have special temporary 
authorization (``STA'') to operate a broadcast station in Shasta 
until December 15, 1999.  Moreover, upon expiration of that 
authority on May 30, 2000, Allen did not obtain additional STA.  
Rather, Allen continued to broadcast in Shasta as if it had such 
authority.  Further, even though it did not file a license 
application that reflected completion of construction of its new 
directional AM station on 1460 kHz in accordance with its 
modified permit (see File No. BMP-20000324AAT, granted August 30, 
2000) until February 2000, Allen's submissions reflect that it 
began to broadcast Station KMCA on 1460 kHz upon grant of its 
construction permit application, rather than upon issuance of 
staff approval following submission of its license application.  
See File No. BL-20010227ABW.  In addition, once Station KMCA 
abandoned Burney, it also ceased maintaining a telephone number 
in Burney or a toll-free number. 

                           DISCUSSION

     4.   Section 301 of the Act, 47 U.S.C. § 301, prohibits 
radio operation ``except under and in accordance with this Act 
and with a license in that behalf granted under the provisions of 
this Act.''  Section 73.1615 of the Commission's rules, 47 C.F.R. 
§ 73.1615, allows AM licensees that hold a permit to modify their 
facilities to discontinue operation or operate with temporary or 
reduced facilities for a period of no more than 30 days unless 
they receive authority to do otherwise upon notification to the 
Commission in Washington.  Operation beyond the 30th day in 
accordance with the rule can occur only if the licensee (or its 
representative) signs and submits an informal letter requesting 
such authority to operate prior to the 30th day.  Section 
73.1620(a)(4) of the Commission's rules, 47 C.F.R. § 
73.1620(a)(4), authorizes the permittee of a directional AM 
station to commence program tests but only after certain provisos 
are met.  First, construction must be completed in accordance 
with the terms of the permit.  Second, the permittee must submit 
its license application with a request for program test authority 
at least ten days ``prior to the date on which it desires to 
commence program test operations.''  Third, the applicant must 
submit a proof of performance containing exhibits required by 
section 73.186 of the Commission's rules.4  Finally, program test 
operations may not commence prior to issuance of staff approval.  
To date, no such approval has been given.  With respect to the 
main studio, section 73.1125(e) of the Commission's rules, 47 
C.F.R. § 73.1125(e), requires broadcast licensees to maintain a 
local telephone number in their community of license or a toll-
free number.

     5.   The information before us indicates that Allen had no 
authority to operate Station KMCA in Shasta between July 14, 1999 
(the date its license for Burney was renewed) and December 15, 
1999, when STA to broadcast in Shasta was granted.  Likewise, 
upon expiration of its STA on May 30, 2000, Allen again had no 
authority to operate in Shasta and will not have such authority 
to broadcast on its new frequency (1460 kHz) until it acquires 
program test authority in accordance with section 73.1620(a)(4) 
of the Commission's rules.  In short, since July 14, 1999, except 
for the six-month period covered by the STA, Allen has not 
operated Station KMCA in accordance with its license or in 
accordance with any other grant of authority.  Rather, Allen has 
operated from an unauthorized location and, since August 30, 
2000, operated on an unauthorized frequency.  Finally, Allen has 
not maintained a local telephone number or a toll-free number in 
Burney, contrary to section 73.1125(e) of the Commission's rules, 
since its last renewal of license. 

     6.   Section 503(b)(1) of the Act5 provides that any person 
who willfully or repeatedly fails to comply with the terms and 
conditions of his license or the Commission's rules shall be 
liable for a forfeiture penalty.  In this context, the term 
``willful'' means that the violator knew it was taking the action 
in question, irrespective of any intent to violate the 
Commission's rules,6 while ``repeatedly'' means more than once.7  
Considering the information before us, it appears that Allen knew 
that, for most of the time following renewal of license to the 
present, it was operating Station KMCA at variance from its 
license.  In this regard, Allen requested STA only twice (in 
November 1999 and June 2000) and received it only once.  It 
further appears that Allen should have known that its 1999 
license application did not qualify for program test authority 
inasmuch as Allen acknowledged that it had not completed 
construction in accordance with the 1999 permit.  Moreover, in 
light of the plain language of section 73.1620(a)(4) of the 
Commission's rules, Allen also should have known that it did not 
have program test authority to operate Station KMCA from its 
present site until it received explicit staff approval, which it 
does not yet have.  It thus appears that Allen's violations with 
respect to unauthorized operations were not only willful but also 
were intentional.  It further appears that each of the violations 
described occurred on more than one day; thus, they were 
repeated.  Finally, it also appears that Allen's failure to 
maintain an appropriate telephone number in Burney was both 
willful and repeated.    

     7.  In assessing a forfeiture, we take into account the 
statutory factors set forth in Section 503(b)(2)(D) of the Act,8 
which include the nature, circumstances, extent and gravity of 
the violation, and, with respect to the violator, the degree of 
culpability, any history of prior offenses, ability to pay, and 
such other matters as justice may require.  The Commission's 
forfeiture guidelines currently establish base amounts of $4,000 
for operation at an unauthorized location, $4,000 for operation 
on an unauthorized frequency, and $7,000 for a violation of the 
main studio rule.9  Thus, the total base amount is $15,000.  In 
considering whether adjustments are appropriate, we note that 
Allen has operated from its construction permit site both before 
obtaining STA and after STA had expired.  It thus appears that 
Allen's unauthorized operation has been both intentional and 
continuous, criteria that generally would warrant an upward 
adjustment of the forfeiture amount.10  In mitigation, however, 
we note that Allen's main studio violation is relatively minor in 
nature.11  On balance, we find that $15,000 forfeiture is 
appropriate.  

     8.  Finally, we are concerned that Allen has continued to 
operate Station KMCA without appropriate authorization in 
apparent violation of the Commission's rules.  We hereby notify 
Allen that if its operation of Station KMCA continues at Shasta 
without a license, program test authority or STA after release of 
this Notice of Apparent Liability, it may be necessary to 
institute further proceedings pursuant to Section 312 of the 
Act.12  Such proceedings could lead to issuance of an order 
revoking the license for Station KMCA.  In this regard, we 
emphasize that the mere pendency of the license application or 
the filing of a request for program test authority or STA will 
not suffice to avoid further enforcement action.  Rather, the 
license application or request for program test authority or STA 
must be granted or Allen must terminate all unauthorized 
operation of Station KMCA immediately.  Otherwise, Allen risks 
loss of the license for Station KMCA as well as additional 
forfeiture penalties. 

                        ORDERING CLAUSES

     9.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act,13 and Sections 0.111, 0.311 and 1.80 of the 
Commission's rules,14 M.C. Allen Productions is hereby NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of 
fifteen thousand dollars ($15,000) for: violating Section 301 of 
the Act and sections 73.1615 and 73. 1620 of the Commission's 
rules15 regarding a licensee's operation during modification of 
facilities and a permittee's commencement of program tests; and 
for violating section 73.1125(e) of the Commission's rules16 by 
failing to maintain a local or toll-free number for the community 
of Burney. 

     10.  IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of 
the Commission's rules,17 within thirty days of this NOTICE OF 
APPARENT LIABILITY, M.C. Allen Productions 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 may be made by mailing a 
check or similar instrument, payable to the order of the Federal 
Communications Commission, to the Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. referenced above.

     12.  The response, if any, must be mailed to the Federal 
Communications Commission, Enforcement Bureau, Investigations and 
Hearings Division, 445 12th Street, S.W., Washington, D.C. 20554 
and MUST INCLUDE THE NAL/Acct. No. referenced above.  

     13.  The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the respondent 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 respondent'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 under an installment plan should be sent 
to: Chief, Revenue and Receivables Operations Group, 445 12th 
Street, S.W., Washington, D.C. 20554.18 
     
          15.  IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to M.C. Allen Productions, 4531 Shannon Place, Redding, 
California 96001.


                              FEDERAL COMMUNICATIONS COMMISSION
                    
     

                              David H. Solomon
                              Chief, Enforcement Bureau


_________________________

1  In that decision, the Commission reaffirmed the dismissal of 
an application whose proposed contour overlapped Allen's licensed 
contour in violation of section 73.37(a) of the Commission's 
rules, 47 C.F.R. § 73.37(a).  The Commission determined that 
dismissal was appropriate because the applicant neither had 
protected Allen's licensed facilities in Burney nor requested a 
waiver of section 73.37(a).  The applicant had contended, inter 
alia, that there was no need to protect Allen's licensed 
facilities because Allen had already relocated Station KMCA and 
its main studio out of Burney.  The Commission observed that, 
notwithstanding Allen's alleged move, protection of the licensed 
facilities of Station KMCA was still appropriate in the event 
Allen found it impossible to construct in accordance with its 
permit, which allowed Station KMCA to construct a new AM station 
in Shasta, California.  The Commission also noted that the 
applicant's allegations regarding Station KMCA's main studio did 
not justify a waiver of section 73.37(a) of the rules.    

2  Our investigation reveals that Station KMCA's main studio has 
always been within the principal community contour of Station 
KRRX(FM), Burney, and thus in compliance with section 
73.1125(a)(2) of the Commission's rules, 47 C.F.R. § 
73.1125(a)(2).  

3  We are aware that Allen filed an application for license to 
cover construction on November 5, 1999.  See File No. BL-
19991105AAZ, dismissed August 30, 2000.  However, in that 
application, Allen responded ``No'' to the question:  ``Have all 
the terms, conditions, and obligations set forth in the above 
described construction permit been fully met?''   In light of 
that answer, Allen did not have authority to conduct program 
tests.  See section 73.1620(a)(1) of the Commission's rules, 47 
C.F.R. § 73.1620(a)(1). 

4  47 C.F.R. § 73.186.

5  47 U.S.C. § 503(b)(1).  See also Section 1.80(a)(1) and (2), 
47 C.F.R. § 1.80(a)(1) and (2). 

6  See Jerry Szoka, 14 FCC Rcd 9857, 9865 (1999); Southern 
California Broadcasting Co., 6 FCC Rcd 4387 (1991). 

7  See Hale Broadcasting Corp., 79 FCC 2d 169, 171 (1980). 

8  47 U.S.C. § 503(b)(2)(D). 

9  See The Commission's Forfeiture Policy Statement and Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 
303 (1999). 

10  See WRHC Broadcasting Corp., Notice of Apparent Liability, 15 
FCC Rcd 5551 (Enforcement Bureau 2000). 

11  See Rasa Communications Corp., Notice of Apparent Liability, 
11 FCC Rcd 13243 (Mass Media Bureau 1996). 

12  47 U.S.C. § 312. 

13  47 U.S.C. § 503(b).

14  47 C.F.R. §§ 0.111, 0.311, 1.80.

15  47 U.S.C. § 301; 47 C.F.R. §§ 73.1615 and 73.1620.

16  47 C.F.R. § 73.1125(e).

17 47 C.F.R. § 1.80.

18 See 47 C.F.R. § 1.1914.