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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


                                         Released:  June 25, 2002

By the Enforcement Bureau, Los Angeles Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(NAL), we  find  that  Gold Coast  Broadcasting  Company  (``Gold 
Coast''), the registered owner of Antenna Structure  Registration 
(ASR) number 1019626 in Ventura, California apparently  willfully 
violated Section 17.50 of the Federal Communications Commission's 
(``FCC'') Rules1 by failing to maintain specified painting on the 
antenna structure.  We  conclude, pursuant to  Section 503(b)  of 
the Communications Act of 1934, as amended (``Act''),2 that  Gold 
Coast is apparently liable  for forfeiture in  the amount of  ten 
thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On February 14, 2002,  agents from the FCC  Enforcement 
Bureau's Los Angeles Field 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.

     3.   On March  4,  2002, the  Los  Angeles Office  issued  a 
Notice of Violation to  Gold Coast for  ASR number 1019626  being 
faded and oxidized in violation of the Rules.  On March 19, 2002, 
Gold Coast  replied  that they  had  hired an  antenna  structure 
contractor to re-paint the tower as prescribed by the Rules.   On 
March 26, 2002, Gold Coast  reported that the re-painting of  ASR 
number 1019626 would be completed on March 30, 2002. 

                        III.  DISCUSSION

     4.   Section 503(b) of the Act provides that any person  who 
willfully fails  to  comply  substantially  with  the  terms  and 
conditions of any license, or willfully 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.3

     5.   Section 17.50  of  the Rules  states  that  ``[a]ntenna 
structures requiring painting under this part shall be cleaned or 
repainted as often  as necessary to  maintain good  visibility.''  
The ASR for this  structure specifies painting requirements.   At 
the time  of  the  inspection,  the tower  paint  was  faded  and 
oxidized such that it failed to provide good visibility.

     6.   Based on  the  evidence  before us,  we  find  that  on 
February 14, 2002, Gold Coast willfully violated Section 17.50 of 
the Rules.  Gold  Coast failed  to clean or  repaint its  antenna 
structure as often as necessary to maintain good visibility.

     7.   Pursuant to  Section 1.80(b)(4)  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"),4 the base forfeiture amount  for 
failure to  comply with  prescribed  lighting and/or  marking  is 
$10,000.5  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 Communications  Act  of 1934  (``Act''),  as 
amended, which  include the  nature, circumstances,  extent,  and 
gravity of the  violation(s), 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.6  
Considering the entire record and applying the statutory  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended,  and 
Sections 0.111, 0.311  and 1.80 of  the Commission's Rules,  Gold 
Coast Broadcasting Company,  is hereby NOTIFIED  of its  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000.00) for  willful  violation  of  Section  17.50  of  the 

     9.   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,  Gold  Coast  Broadcasting 
Company, SHALL PAY the full amount of the proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     10.  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 must  include 
the FRN 0007-0166-52 and the NAL/Acct. No. 200232900003.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical &  Public Safety  Division, and  MUST INCLUDE  THE  FRN 
0007-0166-52 and NAL/Acct. No. 200232900003.

     12.  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 

     13.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group,  445 12th  Street, SW,  Washington, 
D.C. 20554.8

LIABILITY  shall  be  sent  by  Certified  Mail,  Return  Receipt 
Requested, to  Gold  Coast Broadcasting  Company,  715  Broadway, 
Suite 320, Santa Monica, CA 90401.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Catherine Deaton
                              District   Director,    Enforcement 

1  47 C.F.R.  17.50
2  47 U.S.C.  503(b).
3  Section 312(f)(1) of the Act, 47 U.S.C.  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).
4  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
5  47 C.F.R.  1.80(b)(4).
6  47 U.S.C.  503(b)(2)(D).
7  47 C.F.R.  0.111, 0.311, 1.80 and 17.50.
8  See 47 C.F.R.  1.1914.