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


In the Matter of                 )
                                )
Gold Coast Broadcasting Company  )    File Number EB-02-LA-091
Santa Monica, California         )    NAL/Acct. No. 200232900003
                                )    FRN 0007-0166-52
Antenna Structure Registration   )
No. 1019626                      )
Ventura, California

                        Forfeiture Order

   Adopted:  April 29, 2003             Released:  May 1, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) to Gold  Coast Broadcasting  Company (``Gold  Coast''), 
the registered owner of Antenna Structure Registration  (``ASR'') 
number 1019626 in  Ventura, California for  willful violation  of 
Section 17.50 of the Commission's Rules (``Rules'').1  The  noted 
violation involves  Gold Coast's  failure to  maintain  specified 
painting on its antenna structure.

     2.   On  June  25,  2002,  the  Commission's  Los   Angeles, 
California Field Office (``Los Angeles Office'') issued a  Notice 
of Apparent Liability for Forfeiture  (``NAL'') in the amount  of 
ten thousand  dollars  ($10,000)  to Gold  Coast  for  the  noted 
violation.2  Gold Coast filed a response  to the NAL on July  25, 
2002.

                          II.  BACKGROUND

     3.   On February  14,  2002,  agents from  the  Los  Angeles 
Office inspected  the four  tower array  for Gold  Coast  Station 
KUNX(AM) in Ventura,  California.  The agents  observed that  the 
required painting on the #1  North antenna structure, ASR  number 
1019626, was faded and oxidized  such that it failed to  maintain 
good visibility.

     4.   On March  6,  2002, the  Los  Angeles Office  issued  a 
Notice of  Violation  (``NOV'')  to Gold  Coast  for  failure  to 
maintain the required antenna  structure painting.  On March  19, 
2002, Gold Coast submitted a response to the NOV stating that, in 
response to the NOV, it had hired an antenna structure contractor 
to repaint  the tower.   Gold  Coast also  stated that  work  was 
scheduled to begin on  March 20, 2002,  and anticipated that  the 
painting would be finished by March 22, 2002.  On March 21, 2002, 
Gold Coast submitted a letter  stating that while the work  began 
as scheduled, it was taking longer than anticipated.  Gold  Coast 
indicated that  the repainting  would be  finished on  March  23, 
2002.  On March 26, 2002, Gold Coast reported that the repainting 
of ASR number 1019626 would be  completed on March 30, 2002.   On 
June 25, 2002, the Los Angeles Office issued an NAL to Gold Coast 
in the amount  of $10,000  for failure  to clean  or repaint  its 
antenna  structure  as  often  as  necessary  to  maintain   good 
visibility in willful  violation of Section  17.50 of the  Rules.  
In its response to  the NAL, Gold  Coast requests elimination  or 
reduction of the proposed forfeiture amount.  Specifically,  Gold 
Coast argues  that it  had  already taken  steps to  correct  the 
problem when  the tower  was  inspected by  the agents,  that  it 
corrected the  problem quickly,  and that  it has  acted in  good 
faith.  Further, Gold Coast  states that its  tower is only  95.5 
meters and is ``relatively short'' and is well lit at two levels.  
Gold Coast also claims that its tower is located in the midst  of 
three other  towers, and  consequently, its  tower is  part of  a 
visible  large  array.   Next,   Gold  Coast  asserts  that   the 
oxidization of the paint  did not pose  any ``real world  risk.''  
Finally, Gold Coast contends that  KUNX(AM) is a small market  AM 
station using  a Spanish  news and  talk format  to provide  ``an 
important new radio service,''  and that the proposed  forfeiture 
amount would result in a financial burden for the station.

                         III.   DISCUSSION

     5.   The forfeiture  amount in  this  case was  assessed  in 
accordance with Section 503(b) of the Communications Act of 1934, 
as amended,  (``Act'')3  Section  1.80 of  the  Rules,4  and  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).   In 
examining Gold  Coast's  response,  Section  503(b)  of  the  Act 
requires that  the  Commission  take  into  account  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 other  such matters  as 
justice may require.5

     6.   We disagree that the proposed forfeiture amount  should 
be rescinded or reduced on the basis of good faith.  Gold Coast's 
NOV indicates that, after receipt of the NOV, it hired an antenna 
structure contractor to re-paint the  tower.  In its response  to 
the NAL, Gold Coast indicates that it was having discussions with 
contractors on repainting its tower prior to Gold Coast's receipt 
of the  NOV.   However,  we  do not  believe that  merely  having 
discussions with  contractors  regarding the  repainting  of  the 
tower prior to the agent's inspection warrants a reduction of the 
forfeiture amount on the basis of good faith.  

     7.   Moreover, Gold Coast's remedial efforts to correct  the 
violation, after the violation was discovered by the  Commission, 
while commendable,  are not  a  mitigating factor.   See  Station 
KGVL,  Inc.,  42   FCC  2d   258,  259   (1973).   In   addition, 
notwithstanding the tower's  height, lighting,  and proximity  to 
other towers, the licensee is still required to clean or  repaint 
its tower as often  as necessary to  maintain good visibility  in 
compliance with Section 17.50 of the Rules.  With respect to Gold 
Coast's argument  regarding its  inability  to pay  the  proposed 
forfeiture, we  note  that  it  does  not  submit  any  financial 
documentation from  which  we  can assess  its  ability  to  pay.  
Therefore, we decline  to reduce  the forfeiture  amount on  this 
basis.  

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,  and Sections 0.111,  0.311 and 1.80(f)(4)  of 
the Rules,6  Gold  Coast Broadcasting  Company  IS LIABLE  FOR  A 
MONETARY  FORFEITURE  in  the  amount  of  ten  thousand  dollars 
($10,000) for  failure  to  maintain specified  painting  on  its 
antenna structure in  willful violation of  Section 17.50 of  the 
Rules.

     9.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.7  
Payment shall be made by  mailing a check or similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the Federal Communications Commission,  P.O. Box 73482,  Chicago, 
Illinois 60673-7482.   The  payment  should  note  NAL/Acct.  No. 
200232900003 and  FRN 0007-0166-52.   Requests for  full  payment 
under an installment plan should  be sent to: Chief, Revenue  and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.8

     10.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by Certified  Mail, Return  Receipt Requested,  to  Gold 
Coast  Broadcasting  Company,  715  Broadway,  Suite  320,  Santa 
Monica, California, 90401.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau






_________________________

1 47 C.F.R.  17.50
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232900003 (Enf.  Bur. Los  Angeles Office,  released June  25, 
2002).
3 47 U.S.C.  503(b).
4 47 C.F.R.  1.80.
5 47 U.S.C.  503(b)(2)(D).
6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
7 47 U.S.C.  504(a).
8 See 47 C.F.R.  1.1914.