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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 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 25, 2002
By the Enforcement Bureau, Los Angeles Office:
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).
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.
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,
14. IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT
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
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.