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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Del Rosario Talpa, Inc. ) File Number: EB-06-SF-198
Licensee of Station KNCR(AM) ) NAL/Acct. No.: 200732960002
Fortuna, California ) FRN: 0013789524
Facility ID # 39472 )
Adopted: June 15, 2007 Released: June 19, 2007
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of three thousand, two hundred dollars ($3,200) to Del
Rosario Talpa, Inc. ("Del Rosario Talpa"), licensee of AM broadcast
station KNCR, in Fortuna, California, for willfully and repeatedly
violating Section 73.1350(a) of the Commission's Rules ("Rules"). On
December 22, 2006, the Enforcement Bureau's San Francisco Office
issued a Notice of Apparent Liability for Forfeiture ("NAL") in the
amount of $4,000 to Del Rosario Talpa for operating station KNCR at an
unauthorized location. In this Order, we consider Del Rosario Talpa's
arguments that its violation was actually of Section 73.1680 of the
Rules; that Del Rosario Talpa will have financial difficulty paying
the forfeiture amount; and that the forfeiture amount should be
reduced based on Del Rosario Talpa's history of compliance with the
2. On August 22, 2006, in response to a complaint, an agent from the
Enforcement Bureau's San Francisco Office monitored KNCR's signal on
frequency 1090 kHz in Fortuna, California. Using radio direction
finding equipment, the agent traced the source of KNCR's broadcast
signal to an antenna located at 2200 Smith Lane, Fortuna, California.
Later that day, the agent conducted an inspection of the KNCR studio.
The inspection of the KNCR studio at 2200 Smith Lane revealed that
KNCR was transmitting from that location.
3. According to KNCR's license, the KNCR transmitter should be located at
3560 Hillras Way, Fortuna, California, with coordinates of 40-o 33'
30'' north latitude, 124 -o 07' 24'' west longitude. The San Francisco
agent's inspection revealed that the coordinates of the current
location of the KNCR transmitter at 2200 Smith Lane, Fortuna,
California, are approximately 40DEG 35'32" north latitude and 124DEG
08'40" west longitude, approximately two miles from its authorized
4. On October 16, 2006, after being contacted by the San Francisco agent
concerning the unlicensed KNCR location, the KNCR consulting engineer
informed the agent that KNCR had been operating its transmitter from
the 2200 Smith Lane location since November 6, 2005. The consulting
engineer also informed the agent that KNCR was in the process of
filing for a Special Temporary Authority ("STA") from the Commission
to use that location.
5. On December 22, 2006, the San Francisco Office issued a NAL in the
amount of $4,000 to Del Rosario Talpa, finding that Del Rosario Talpa
had apparently willfully and repeatedly operated KNCR from an
unauthorized location. Del Rosario Talpa filed a response ("Response")
on February 20, 2007, arguing that the only violation committed by Del
Rosario Talpa was its failure to notify the Commission within 24 hours
of beginning operation with emergency facilities. Del Rosario Talpa
also argues that it will have financial difficulty paying the
forfeiture amount; and that the forfeiture amount should be reduced
based on its history of compliance. Finally, Del Rosario Talpa states
that it requested an STA to operate from its current location on
October 24, 2006 and that this STA was granted on November 7, 2006.
6. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and The
Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
Policy Statement"). In examining Del Rosario Talpa'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
7. Section 73.1350(a) of the Commission's rules states "[e]ach licensee
is responsible for maintaining and operating its broadcast station in
a manner which complies with the technical rules . . . and in
accordance with the terms of the station authorization." On August 22,
2006, the San Francisco agent observed that KNCR was transmitting from
a location that was not authorized on the KNCR license. KNCR staff
informed the San Francisco agent that the station had been
transmitting from that location since November, 2005. Since the
agent's inspection and inquiry, Del Rosario Talpa, Inc., has filed for
and received an STA for KNCR. We note, as the San Francisco Office
stated in the NAL that the Commission has stated in the past that a
licensee is expected to correct errors when they are brought to the
licensee's attention and that such correction is not grounds for a
downward adjustment in the forfeiture.
8. Del Rosario Talpa states that it moved the KNCR transmitter when the
station was evicted on short notice from its licensed site. It
consequently set up an "emergency antenna" and therefore argues that
its violation, if any, was not of Section 73.1350(a) of the Rule, but
of 73.1680 of the Rules. Section 73.1680 defines an "emergency
antenna" as "one that is erected for temporary use after the
authorized main and auxiliary antennas are damaged and cannot be
used." The Rule also states that "[p]rior authority from the FCC Is
not required by licensees and permittees to erect and commence
operations using an emergency antenna to restore program service to
the public. However, an informal letter request to continue operation
with the emergency antenna must be made with in 24 hours to the FCC .
. . ." Rosario Del Talpa acknowledges that it did not send notice to
the FCC within 24 hours of beginning its use of its emergency antenna,
therefore, we agree that Rosario Del Talpa's actions violated Section
73.1680 of the Rules. However, we find that Rosario Del Talpa never
gave notice to the Commission concerning the new location of its
station, until the station was inspected by the San Francisco agent on
August 22, 2006. Therefore, Rosario Del Talpa's continued operation
from an unauthorized location for a period of over nine months also
resulted in a violation of Section 73.1350(a) of the Rules. Rosario
Del Talpa also argues that it should not be liable for a forfeiture
because its operation from the temporary location provides no
competitive benefit. We disagree. Operation consistent with the terms
of one's license is fundamental to the privilege of holding a license.
9. Rosario Del Talpa also states that it will have financial difficulty
paying the proposed forfeiture amount. Despite being given repeated
extensions of time to produce financial data to support this claim,
Rosario Del Talpa has failed to submit any financial data. In
analyzing a financial hardship claim, the Commission generally has
looked to gross revenues as a reasonable and appropriate yardstick in
determining whether a licensee is able to pay the assessed forfeiture.
Because Rosario Del Talpa has submitted no data to support its claim,
we are unable to consider it.
10. Rosario Del Talpa also states that it has a history of compliance with
the Commission's Rules. We have reviewed our records and we concur.
Consequently, we reduce Rosario Del Talpa's forfeiture amount from
$4,000 to $3,200.
11. Based on the information before us, having examined it according to
the statutory factors above, and in conjunction with the Forfeiture
Policy Statement, we find that reduction of the proposed forfeiture to
$3,200 is warranted.
IV. ORDERING CLAUSES
12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Rosario Del Talpa,
Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for
willfully and repeatedly violating Section 73.1350(a) of the Rules.
13. 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. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission.\001 The payment must include the NAL/Acct.
No. and FRN No. referenced above.\001 Payment by\001check or money
order may be mailed to Federal Communications Commission, P.O.
Box\001358340,\001Pittsburgh, PA 15251-8340.\001 Payment by overnight
mail may be sent to\001Mellon Bank\001/LB\001358340,\001500 Ross
Street, Room 1540670, Pittsburgh, PA 15251.\001\001 Payment by wire
transfer may be made to ABA Number\001043000261, receiving
bank\001Mellon Bank, and account number\001911- 6106. Requests for
full payment 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 Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Rosario Del
Talpa, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
47 C.F.R. S 73.1350(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732960002
(Enf. Bur., Western Region, San Francisco Office, released December 22,
On August 22, 2006, the agent attempted to inspect the KNCR main antenna
location at 3560 Hillras Way, Fortuna, California and observed that the
transmitting antenna was not constructed at this geographic location.
On November 7, 2006, the STA application, File No. BSTA - 20061024AGJ, was
granted by the Media Bureau. This STA expired on May 7, 2007. Del Rosario
Talpa filed for an extension of the STA on May 18, 2007, File No. BSTA -
Del Rosario Talpa requested and received a 30 day extension to respond to
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
47 U.S.C. S 503(b)(2)(E).
47 C.F.R. S 73.1350(a).
AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).
47 C.F.R. S 73.1680(a).
47 C.F.R. S 73.1680(b).
See, e.g., Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969).
In its Response, Rosario Del Talpa stated that it would supplement its
filing with financial data. No supplemental filing was ever received.
See PLB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 73.1350(a).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-2657
Federal Communications Commission DA 07-2657